Creating a will is one of the most important steps in protecting your assets and ensuring your wishes are followed. Many people consider writing their own wills using online templates or DIY kits. While this can work in some situations, there are risks involved.
In this guide, we’ll explore whether you need a lawyer to make a will, when it’s safe to do it yourself, and the common legal mistakes that a professional can help you avoid.
When Can You Make a Will Without a Lawyer?
In most states, you are legally allowed to write your own will. However, it’s important to follow your state’s specific requirements, such as:
- Being of legal age (usually 18 or older)
- Signing the will in front of required witnesses
- Including clear and specific language
You may consider a DIY will if:
- You have a small, simple estate
- You are unmarried or have no dependents
- You plan to leave everything to one or two people
Still, even in these situations, a lawyer’s review is strongly advised.
7 Legal Risks of Writing a Will Without a Lawyer
Below is a breakdown of the common risks that come with writing a will without professional legal guidance:
| Legal Risk | Description |
|---|---|
| 1. State Law Differences | Each state has different laws about how wills must be written and witnessed. A generic template may not meet these standards. |
| 2. Vague or Incorrect Wording | Improper language may cause confusion or disputes among beneficiaries. |
| 3. Complex Family Situations | Blended families, children from past marriages, or dependent relatives require customized planning. |
| 4. Contesting the Will | If a will appears unclear or was not properly witnessed, it can be challenged in court. |
| 5. Estate Taxes and Fees | Without tax planning, your heirs may owe more in taxes or face unnecessary fees. |
| 6. Missing Digital or International Assets | Online accounts, crypto wallets, or foreign properties are often overlooked in DIY wills. |
| 7. Lack of Updates | Life changes like marriage, divorce, or new children require will updates, which DIY tools often miss. |
Should You Hire a Lawyer?
Hiring an estate planning lawyer can ensure:
- Your will complies with all local laws
- Your assets are distributed according to your wishes
- You reduce the chances of disputes or court challenges
- Your will includes all important property and digital assets
What Does a Lawyer-Created Will Typically Cost?
| Service Type | Estimated Cost |
|---|---|
| Simple Will Only | $300 – $800 |
| Will + Living Trust | $1,000 – $2,500 |
| Hourly Consult | $150 – $400/hour |
The cost varies based on your location, complexity of your estate, and whether you require trusts or other legal structures.
What Happens If You Die Without a Will?
If you pass away without a will (also known as dying “intestate”), state law decides how your assets are divided. This may not match your actual wishes.
Common consequences of not having a will include:
- Long probate delays
- Higher legal fees
- Family disputes
- Minor children being placed under court-appointed guardianship
Conclusion
Writing your own will may seem cost-effective, but even small mistakes can lead to major legal problems for your family. If your estate or family situation is complex, it’s almost always better to consult an estate planning attorney.
When done properly, a will ensures your legacy is passed on exactly as you intended, with minimal stress for your loved ones.
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