Can I Write My Own Will?
One of the most common questions people ask is, "Can I write my own will?" The short answer is yes—in many states, you can.
The better question is: Should you?
While a do-it-yourself will may seem like a quick and inexpensive option, even a small mistake can create confusion, delay the administration of your estate, or result in your wishes not being carried out as intended.
Is a DIY Will Legal?
In many states, a handwritten or self-prepared will can be legally valid if it meets the state's legal requirements. However, those requirements vary from state to state.
For a will to be enforceable, it generally must be:
Properly drafted
Signed according to state law
Witnessed when required
Clear and unambiguous
If these legal requirements are not met, the will may be challenged or even declared invalid.
Common Problems with DIY Wills
Many people use online templates or generic forms without realizing they may not address their specific circumstances.
Some of the most common issues include:
Failing to meet state legal requirements
Using vague or confusing language
Forgetting to name alternate beneficiaries
Not naming a backup personal representative
Overlooking recently acquired property
Failing to update the will after major life events
Creating conflicts with beneficiary designations on retirement accounts or life insurance policies
These issues can lead to unnecessary delays, disputes, and additional expenses for your loved ones.
A Will Is More Than a List of Who Gets What
A properly drafted will does much more than distribute your property.
It can also:
Name a guardian for your minor children
Appoint the person who will administer your estate
Leave gifts to family members, friends, or charities
Provide clear instructions that reduce confusion and conflict
Coordinate with the rest of your estate plan
Every family has unique needs, and your will should reflect your personal circumstances.
When a DIY Will May Not Be Enough
You should strongly consider working with an estate planning attorney if you:
Own a home
Are married or remarried
Have children or grandchildren
Own a business
Have significant savings or investments
Have a blended family
Own property in more than one state
Want to avoid unnecessary probate complications
Are considering creating a trust
The more complex your situation, the more important it is to have a customized estate plan.
Why Hire an Estate Planning Attorney?
Estate planning is about more than preparing documents—it's about protecting your family and making sure your wishes are carried out.
When you work with our office, you'll receive:
A will tailored to your unique circumstances
Guidance based on your state's laws
Answers to your questions in plain language
Advice on whether additional documents, such as a trust, power of attorney, or advance directive, would benefit you
Confidence that your estate plan is properly prepared and executed
Our goal is to make the process straightforward and give you peace of mind.
Frequently Asked Questions
Is an online will better than having no will?
In many cases, having some estate plan may be better than having none at all. However, an online will may not address your specific circumstances or comply with your state's legal requirements. An attorney can help ensure your wishes are properly documented.
Can I change my will later?
Yes. As your life changes, your will should be reviewed and updated to reflect changes such as marriage, divorce, the birth of children, or significant changes in your assets.
What if I already wrote my own will?
That's perfectly fine. Many clients come to us after creating a DIY will. We can review your existing document, identify any issues, and help you update it so it accurately reflects your wishes and complies with state law.
Peace of Mind Starts with a Properly Prepared Will
Writing your own will may seem simple, but your estate plan is one of the most important legal documents you'll ever create.
A properly drafted will helps protect your loved ones, minimizes uncertainty, and ensures your wishes are carried out according to the law.
If you're ready to create a will—or you'd like an attorney to review a will you've already prepared—our office is here to help.
Schedule a consultation today and take the next step toward protecting your family, your assets, and your legacy.