Bill Harrington
August 8, 2024

DIY Wills: Is Writing Your Own Will Worth the Risk?

DIY wills might seem convenient, but their risks can jeopardize your estate. Learn why experienced legal assistance is crucial for creating a valid and effective will.

Estate Planning

Creating a will is one of the most important steps to ensure that your wishes for the distribution of your assets are honored after your passing. With everything going digital, the convenience and cost-effectiveness of do-it-yourself (DIY) wills might seem tempting, but significant risks could jeopardize your estate and your loved ones. Here’s why professional legal assistance is crucial for creating a valid and effective will.

Understanding the Risks of DIY Wills

  1. Legal implications. The legal requirements for a will are not as straightforward as they might seem. Each state has specific rules about executing a will to be considered valid. According to Pennsylvania law 20 Pa. Cons. Stat. § 2502, a will must be signed by the testator (the person creating the will) and only requires witnesses if the testator is unable to sign their name for any reason. In other states, witnesses must be present regardless. Failure to adhere to formalities could result in an invalidated will, regardless of your intentions.
  2. Risk of errors. DIY templates and online services often provide a one-size-fits-all approach that may not suit your unique circumstances. Drafting errors, such as vague language or incorrect beneficiary designations, can lead to confusion, disputes, and unintended consequences. For instance, if a will is not clearly written, it could be contested by family members, leading to lengthy and costly legal battles.
  3. Limited scope. Online will services are typically designed for straightforward estates. A DIY will not address all necessary details if you have a more complex estate—such as multiple properties, substantial financial assets, or specific wishes for your estate. A professional estate planner can provide tailored advice and ensure the proper management of all aspects of your estate, including tax implications and the creation of trusts if needed.
  4. Potential for disputes. An improperly drafted will could lead to disputes among family members and beneficiaries. If the will is ambiguous or fails to articulate your wishes clearly, it could result in avoidable conflicts and legal challenges. This lack of clarity causes stress and discord among your loved ones and delays the distribution of your estate.

Why Draft Your Will With an Attorney?

  1. Ensure legal compliance. A qualified estate planning attorney ensures your will complies with all local laws and regulations by properly executing the will in Pennsylvania. An attorney will also help you avoid common pitfalls and ensure that your will is legally sound.
  2. Avoid costly mistakes. With professional help, you’re less likely to make expensive mistakes. An experienced attorney can help you navigate complex legal language, accurately draft your will, and address any particular circumstances or concerns you may have. This professional oversight can prevent errors that could otherwise lead to complications or invalidation of your will.
  3. Receive tailored advice. An estate planning attorney offers personalized advice that online services simply cannot provide. Whether you need to create trusts, handle unique family dynamics, or address multi-state property issues, a lawyer can provide guidance tailored to your specific needs and goals.

Are Online Wills Safe to Use?

Online wills offer a convenient and cost-effective way to draft a legal will, but their safety and effectiveness depend on several factors. To ensure your online will is legally valid, check that it meets the requirements of your state or country, such as witness or notary specifications. Research the reputation of the online service provider, looking for reviews and endorsements to confirm their reliability and the quality of their documents.

Additionally, online wills should include robust security measures to protect your personal information, and it’s crucial to ensure that the service allows customization to suit your specific needs. While online wills can be suitable for straightforward estates, more complex situations involving significant assets or unique provisions might require personalized legal advice from an estate planning attorney to ensure the security of all aspects of your estate.

Do Wills Need to be Notarized in Pennsylvania?

In Pennsylvania, a will does not need to be notarized to be legally valid, but having a will notarized can be useful if you want to create a self-proving will. A self-proving will includes an affidavit signed by the testator and witnesses before a notary public, which can help streamline the probate process by eliminating the need for witnesses to testify about the will’s validity later.

Secure Your Legacy With The Estate Planning Lawyers at WPH Law

While DIY wills may seem cost-effective and convenient, their risks far outweigh the potential benefits. Legal requirements, the risk of errors, and the complicated steps of estate planning are significant factors that make professional legal assistance crucial. At WPH Law, we strongly recommend consulting with an experienced estate planning lawyer to ensure that your will is valid, comprehensive, and accurately reflects your wishes.

Contact us today for a free, no-obligation consultation by submitting a form online or calling our office.

Attorney William P. Harrington, Jr., ESQ.

Bill Harrington

Attorney
Bill is an experienced attorney in estate planning and administration, credit card debt litigation, bankruptcy, and personal injury. He lives in Kinzers, PA, with his wife and three children.
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