Drafting a last will and testament using an online form has become a popular choice for individuals seeking to economize on legal expenses and streamline the process without the need for an attorney’s assistance. However, it’s crucial to recognize that this seemingly convenient approach may inadvertently lead to significant legal complications, ultimately jeopardizing the realization of the individual’s heartfelt final wishes

What often escapes notice is that the intricate legal intricacies and meticulous wording required to ensure a will’s effectiveness are frequently underestimated. Unfortunately, many individuals who opt for online templates may unintentionally overlook crucial elements essential for a will to serve its intended purpose effectively.  There are several compelling reasons why a person should consider using an attorney to draft their will instead of relying solely on online templates:

1. Personalized Legal Advice: Attorneys provide personalized legal advice based on your unique circumstances, family dynamics, and financial situation. They can help you make informed decisions about asset distribution, tax planning, and other important aspects of your estate.
2. Complexity of Estate Planning: If your estate is complex, involving various assets, beneficiaries, or charitable bequests, an attorney can navigate these complexities and ensure that your wishes are accurately reflected in your will.
3. Avoiding Ambiguities: Attorneys have the experience to draft clear and unambiguous language in your will, reducing the risk of disputes or legal challenges among heirs.
4. State  Specific Knowledge: Estate laws vary from state to state, and online templates may not account for these differences. An attorney who is familiar with your state’s laws can ensure your will is compliant and legally valid.
5. Contingency Planning: Attorneys can help you plan for unexpected events, such as the death or incapacity of beneficiaries or executors, to ensure your will remains effective even in changing circumstances
6. Tax Efficiency: Estate tax laws are complex and subject to change. An attorney can help you navigate these laws and develop strategies to minimize tax liabilities for your estate and beneficiaries.
7. Digital Assets and Technology: In the digital age, an attorney can advise you on how to address digital assets and online accounts in your estate plan, which may not be adequately covered in generic templates.
8. Expertise in Estate Planning Tools: Attorneys can recommend additional estate planning tools, such as trusts, powers of attorney, and healthcare directives, to complement your will and achieve your goals more effectively.
9. Executor and Trustee Selection: An attorney can provide guidance on selecting suitable executors, trustees, and guardians, helping ensure that your chosen representatives can carry out your wishes competently.
10. Legal Compliance: Attorneys are knowledgeable about the legal formalities and requirements for executing a will in your jurisdiction. This ensures that your will is properly executed and legally binding.
11. Preventing Will Contests: Attorneys can incorporate safeguards and protective language in your will to discourage potential challenges by disgruntled heirs or beneficiaries.
12. Accountability and Ongoing Support: When you work with an attorney, you establish an ongoing relationship, making it easier to update and revise your will as your circumstances change over time.

While online will templates may be a convenient starting point for simple estate planning needs, they often lack the personalized attention, legal expertise, and comprehensive planning that an attorney can provide. Consulting with an experienced estate planning attorney can help you create a will that truly reflects your wishes, minimizes potential legal issues, and provides peace of mind for you and your loved ones.

Using generic, online will templates without tailoring them to individual and unique needs can lead to a variety of problems and complications. Here are some major issues that our Firm has seen in wills:

1. Inadequate Asset Distribution: Generic templates may not accommodate complex family situations or specific wishes regarding asset distribution. This can result in assets being distributed in unintended ways, causing disputes among heirs.
2. Failure to Address Special Bequests: If a person wishes to leave specific gifts or bequests to individuals or organizations, these may not be adequately addressed in generic templates. This can lead to disputes or confusion about the intended beneficiaries.
3. Omission of Important Clauses: Online templates may omit essential clauses, such as contingencies for beneficiaries who predecease the testator or provisions for minor beneficiaries. Without these clauses, the will may not fully address potential scenarios.
4. Ambiguity: Generic templates may use vague or unclear language that can lead to disputes and legal challenges regarding the interpretation of the will’s provisions.
5. Failure to Consider Tax Implications: Estate tax laws can be complex, and online templates may not account for potential tax  saving strategies or may not be up to date with current tax laws. This could result in unnecessary tax liabilities for the estate or beneficiaries.
6. Inadequate Executor or Trustee Selection: The choice of an executor or trustee is crucial to the smooth administration of the estate. Generic templates may not provide guidance on selecting the most suitable person for these roles.
7. Lack of Contingency Planning: Effective estate planning should account for unforeseen circumstances. Generic wills may not address what happens if beneficiaries or executors become incapacitated or pass away before the testator.
8. Failure to Address Digital Assets: In the digital age, it’s essential to consider digital assets and online accounts. Generic templates may not include provisions for the management and distribution of digital assets.
9. Improper Execution: Each jurisdiction has specific legal requirements for how a will should be executed. Generic templates may not include instructions tailored to the relevant state or country, potentially rendering the will invalid.
10. Neglecting Changes in Circumstances: Life circumstances change over time. Generic wills may not be easily updated to reflect changes in family, financial, or legal situations, potentially leaving the will outdated and ineffective.
11. Increased Risk of Contestation: Generic wills may lack the safeguards and protective language needed to deter or defend against will contests by disgruntled heirs.
12. Legal Compliance Issues: Laws and regulations related to wills vary by jurisdiction. Online templates may not ensure full compliance with local laws and may not be suitable for international estate planning.

To avoid these problems, it’s advisable to consult with an experienced estate planning attorney who can provide personalized guidance, draft a will that aligns with your specific needs and wishes, and ensure that it complies with all relevant legal requirements. An attorney can also provide ongoing support for updates and changes as your circumstances evolve.