The DIY Option: A Closer Look at Do-It-Yourself Wills
The promise of a DIY will is compelling: create a legally binding document from the comfort of your home, for a fraction of the cost of hiring a lawyer. For many people with straightforward circumstances, this can be an excellent and responsible choice. Let’s examine the pros of this approach and answer a crucial question about their validity.
What Constitutes a DIY Will?
When we talk about DIY wills, we’re generally referring to three categories:
- Online Will-Making Platforms: These are websites that guide you through a series of questions about your life, family, and assets, then generate a will based on your answers. They are often the most sophisticated DIY option, with built-in checks and explanations.
- Estate Planning Software: Similar to online platforms, this is software you purchase and install on your computer to generate your will and other estate planning documents.
- Statutory or Fill-in-the-Blank Forms: These are pre-printed legal forms where you simply write in the required information, such as your name, your executor, and your beneficiaries. They are the simplest but also the most rigid option.
The Pros of a DIY Will
The appeal of the DIY route comes down to a few key advantages:
1. Significant Cost Savings. This is the most obvious benefit. A DIY will can cost anywhere from nothing (for a basic printable form) to a few hundred dollars for a comprehensive online package. In contrast, having an attorney draft a basic will can start at several hundred dollars and run into the thousands for more complex estate plans.
2. Convenience and Speed. You can create a DIY will on your own schedule, without having to make appointments or travel to an office. For a simple situation, you could potentially have a completed document ready for signing in under an hour.
3. Privacy. Some people are uncomfortable discussing their finances and family matters with a stranger. A DIY will allows you to handle these sensitive details privately.
4. Empowerment for Simple Estates. If your financial life is uncomplicated, a DIY solution can be perfectly adequate. Consider a hypothetical person: Maria is 28, single, rents her apartment, has a car, a savings account, and a 401(k). She wants to leave everything to her brother. For her, a reputable online will service is likely a fast, affordable, and effective way to ensure her wishes are documented.
The Big Question: Are Online Will Kits Legally Binding?
This is a point of major confusion for many, so let’s be clear: yes, a will created using an online kit or software can be just as legally binding as one drafted by an attorney.
However, this comes with a giant, critical “if.” The document’s legal power does not come from the website that generated it; it comes from you executing it correctly according to the specific laws of your state. The most professionally drafted document is worthless if it isn’t signed and witnessed properly.
State laws are very particular about what is required for a will to be valid. These requirements typically include:
- The will must be in writing.
- You, the testator, must be of sound mind and not under duress.
- You must sign the will, or have someone sign it on your behalf in your presence.
- A specific number of witnesses (usually two) must sign the will in your presence, after watching you sign it.
The primary risk of a DIY will is not that the form itself is invalid, but that an error will be made during the execution ceremony (the signing and witnessing). This is where the cost savings of a DIY will can evaporate, potentially leading to the will being thrown out by a court, defeating its entire purpose.
