Many people acknowledge that drafting a will is necessary for the protection of their loved ones. However, they may put off creating documents or may try to do so with the least amount of effort possible.
Frequently, people draft do-it-yourself (DIY) documents, possibly by using templates they downloaded from the internet. Creating a will at home may seem like a reasonable solution, but the risk of making errors is much higher without professional guidance.
What common mistakes may testators make if they attempt to draft wills on their own?
1. Using a creative format
Some people might record videos where they explain their testamentary wishes. Others might draft digital documents instead of creating physical paperwork. These people may not realize that the state currently requires printed, physical wills to serve as people’s testamentary instruments.
2. Signing without witnesses
People can theoretically draft wills in their homes. However, they do need to have at least two witnesses present when they sign their testamentary instruments. A lack of witness signatures can invalidate the will intended to guide the legacy of a testator.
3. Including illegal provisions
The law limits what people can do with wills. For example, spouses typically cannot fully disinherit one another using wills. Testators drafting their own documents might include terms that violate state law or may use language that does not conform to state requirements.
Partnering with an experienced estate planning attorney while drafting a will and other documents can decrease the likelihood of mistakes. Testators who work with a lawyer can feel more confident about the validity of the documents they draft and, therefore, the financial legacy they leave behind after they pass.