The Dangers of DIY Wills

The dangers of DIY wills 

Do-it-yourself will kits are easy to find, and preparing your own will can look like a simple, low-cost solution. In practice, a will is a binding legal document, and getting it wrong can create real problems for the people you leave behind. A homemade will may leave out important matters or miss the steps needed to make it legally valid, which can lead to disputes and delay at the worst possible time. 

Why a valid will matters 

A will lets you decide how your assets and property are distributed after your death. Without one, you are said to have died intestate, and your estate is distributed according to the rules that apply in your state. That outcome may not reflect your wishes, and it can cause disputes among the people closest to you. 

A properly prepared will does more than divide assets. It can: 

• Name an executor to manage your estate. 
• Appoint guardians for minor children. 
• Establish a trust to hold assets for beneficiaries. 
• Record wishes such as burial or cremation, the location of important documents or passwords, and arrangements for children and pets. 

Complex assets need more than a template 

For business owners and anyone with assets held in different structures, a template will is unlikely to be enough. A sound estate plan considers what your assets are, what structures they sit in, who you want to control them, and how you would be cared for if you lost capacity. 

Alongside a will, an estate plan can include discretionary or family trusts, letters of wishes, powers of attorney, powers of guardianship and healthcare directives. Planning these elements together helps make sure your wishes are carried out and reduces the potential for disputes between beneficiaries. Keep in mind that assets held in a trust or company do not always pass under your will in the way you might expect, which is one reason generic kits fall short. 

Common problems with homemade wills 

Homemade wills often fail on the basics. They may not be signed or witnessed correctly, they may use unclear wording that can be read in more than one way, or they may not deal with the whole estate, leaving a gap that the law then fills. Any of these can make a will partly or wholly invalid, or trigger a dispute that the estate has to resolve before anything can be distributed. 

Keep your will up to date 

A will is not a set-and-forget document. Major life events can change how it operates, or even revoke parts of it. Marriage, separation and divorce can each affect a will, as can the arrival of children or a significant change in your assets. A homemade will prepared years ago may no longer reflect your wishes, and reviewing it after any major change, with proper advice, keeps it valid and effective. 

Probate and what happens next 

After a person dies, their will is usually submitted to the court for validation through a process called probate. The court confirms that the will is valid, confirms the appointment of the executor, and checks that debts and taxes are dealt with. A clear, valid will makes this process far smoother for your executor and your family. 

Get it right the first time 

A will is the document that those left behind will rely on, so there is no substitute for proper legal advice when preparing it. Leach Legal has the experience to prepare a will and estate plan that fits your circumstances and stands up when it is needed. To arrange an appointment, contact Leach Legal today.