Most people wouldn’t dream of handling complex legal matters on their own. People facing lawsuits or criminal charges know that they need legal representation. For some reason, even though a will is arguably one of the most important documents an adult may ever sign, quite a few people feel confident trying to create do-it-yourself (DIY) wills.
They use templates that they find online or try to write out a document by hand. They can easily make mistakes, including one of the three outlined below, which can invalidate their wills and lead to conflict after they die.
Failing to sign and get witness signatures
Appropriate signatures are crucial to the validation of a will. Not only does the testator drafting the document need to sign it, but they typically also need the signatures of two competent witnesses.
Those who try to write out their own documents or use digital templates might fail to physically sign the document or may omit witness signatures.
Making mistakes about assets
There are several kinds of asset-related mistakes that people commonly make when they draft their own wills. One of the most common involves failing to address all of a testator’s property. People sometimes focus primarily on their most valuable assets.
They name beneficiaries for their real estate or vehicles but don’t address their personal property and financial accounts. Omitting valuable property can lead to conflicts among beneficiaries and questions about the accuracy of the testamentary instrument.
Sometimes, people make the mistake of including assets that won’t be part of their estate. They include assets that they have already transferred to a trust, the proceeds from a life insurance policy or assets owned jointly with another person.
Including inappropriate instructions
People can include a variety of instructions in their wills. In some cases, people drafting their own documents without legal guidance may get a little too creative. They may include terms that violate state law and that a personal representative cannot fulfill.
Instructions that violate the law could result in the invalidation of the entire will. Illegal provisions are likely to cause probate controversy that could cost the estate thousands to address.
Partnering with an attorney can help a testator draft valid and enforceable documents. Avoiding mistakes can save thousands of dollars in probate costs and can reduce the risk of family-destroying probate conflicts.
People who discuss their testamentary intentions with a legal professional can achieve their goals while limiting their risk of mistakes and oversights. Working with an estate planning attorney to draft a will can help provide an adult with greater peace of mind and control over their long-term legacy.
