One of the most common questions people have about estate planning is: Do I need a lawyer to make a Will?
The short answer is that you do not necessarily need a lawyer simply to prepare a Will. Many people choose to prepare a Will themselves using Will Forms or a Will Kit.
However, whether doing it yourself is appropriate depends on your circumstances and the complexity of your estate.
A Will is an important legal document, so it is important to understand what you are signing and to make sure it is completed and executed according to the law that applies to you.
What does a Will do?
A Will, also called a Last Will and Testament, allows you to state your wishes about the distribution of certain property after your death.
It can also address matters such as choosing an executor and, where permitted, expressing your wishes concerning guardianship of minor children.
Without a clear estate plan, your property may be distributed according to applicable intestacy laws rather than according to the wishes you would have stated in a Will.
When might you be able to write your own Will?
A DIY Will may be worth considering if your circumstances are relatively straightforward.
For example, you may have:
- A straightforward family situation
- A relatively simple collection of assets
- No complicated business interests
- No unusual inheritance arrangements
- No significant property interests in multiple states
In these situations, a Will Kit can provide a convenient way to organize your wishes and prepare your Will Forms.
The important point is that using a Will Kit does not mean you can ignore your state's legal requirements.
When should you consider hiring a lawyer?
There are situations where professional legal advice can be especially valuable.
Consider speaking with an estate planning attorney if you have:
- A complicated family situation
- A high-value or complicated estate
- A business
- Property in multiple states
- A beneficiary with special needs
- A blended family
- Concerns about potential disputes
- Complicated tax or estate planning issues
- Questions about trusts
- Uncertainty about how your assets will pass after death
An attorney can help explain the legal options available to you and identify issues that may not be obvious when using a standard Will form.
Is a Will Kit the same as hiring a lawyer?
No.
A Will Kit provides forms and instructions to help you prepare your own Will. It is not the same thing as having an attorney individually advise you or draft an estate plan for your circumstances.
For someone with straightforward needs, a Will Kit may be a useful and affordable starting point.
For someone with more complicated circumstances, professional advice may be appropriate.
The choice depends on your situation.
Can I write my own Will without a lawyer?
In many cases, yes.
People can prepare their own Wills using printed or digital Will Forms, provided the document satisfies the requirements that apply to them.
The important part is not simply completing the form. You also need to make sure the Will is properly executed.
Requirements concerning signatures, witnesses, notarization, and other formalities can vary between states.
This is why you should always follow the instructions provided with your Will Forms and check the requirements that apply where you live.
What are the advantages of writing your own Will?
There are several potential advantages to preparing your own Will.
Cost
A DIY Will can cost less than hiring an attorney to prepare a Will for you.
Convenience
You can work through your Will Forms at your own pace rather than arranging an appointment with a lawyer.
Simplicity
A straightforward Will can be easier to prepare when your wishes are relatively simple.
Control
Preparing your own Will allows you to think through your decisions personally and document your wishes yourself.
What are the risks?
The biggest risk of preparing your own Will is misunderstanding the requirements or using the wrong provisions for your circumstances.
A document that looks like a Will may not accomplish everything you intended if it is improperly completed or executed.
You should also remember that a Will does not necessarily control every asset you own. Certain assets may pass according to beneficiary designations, joint ownership arrangements, or other legal arrangements.
Do I need a notary?
Not necessarily.
Notarization requirements vary depending on the state and the type of Will or execution procedure being used.
In some situations, notarization may be useful for making a Will self-proving, but a notary is not automatically a substitute for complying with all applicable Will-signing requirements.
Always follow the execution instructions appropriate to your state.
Should I use a Will Kit?
If your estate planning needs are straightforward, a Legal Will Kit can be a practical way to get started.
A quality kit should include the relevant Will Forms, clear step-by-step instructions, and an example that helps explain how the forms are completed.
If your circumstances are more complicated, you can still use a Will Kit as a starting point, but consider discussing your situation with an attorney.
Final thoughts
You do not automatically need a lawyer to make a Will.
For many people with straightforward circumstances, writing your own Will using a DIY Will Kit may be a practical option.
However, the more complicated your family, assets, or estate planning needs become, the more valuable professional legal advice may be.
Whatever approach you choose, the most important thing is to make sure your Will accurately reflects your wishes and is properly completed and executed under the law that applies to you.
Important: This article provides general information and is not legal advice. Laws concerning Wills vary by state. If you have questions about your individual circumstances, consult a qualified attorney in your state.
Source: United States Wills