Creating a will is one of the most important steps you can take in planning for the future. With so many templates and tools available online, it may be tempting to write your own will without outside input. While this approach might appear convenient or cost-saving, it often comes with significant risks.
A poorly drafted will can lead to unintended consequences, family conflict or even legal challenges that tie up the estate for years. Before choosing to handle this process on your own, it is important to understand the potential pitfalls of doing so.
1. Ambiguity or unclear language
Wills must use precise language to make clear who inherits what. When someone uses vague or general terms, the result can be confusion or disagreement among beneficiaries. For example, leaving “my house” to a relative may become problematic if you own more than one property. Likewise, referring to “my children” might not include stepchildren, depending on legal definitions.
2. Improper witnessing or execution
One of the most common mistakes with DIY wills is failing to meet legal requirements for signing and witnessing. Each state has specific rules about how a will must be executed for it to be valid. If those requirements are not followed correctly, the entire will could be rejected by the court. This may lead to a distribution of the estate under default intestacy rules, regardless of the wishes expressed in the document.
3. Unintended exclusion of heirs
DIY wills often overlook the full picture of family relationships or fail to include a residuary clause that covers anything not specifically mentioned. This can cause unintended disinheritance or partial intestacy. In some cases, omitted heirs may bring claims against the estate, leading to long and costly disputes.
4. Potential for future legal challenges
Wills that are not properly written or executed may invite challenges from disgruntled family members. This can result in lengthy court battles, added expenses and emotional strain on surviving loved ones. Disputes over will validity often arise when someone alleges undue influence or questions the mental capacity of the person who created the will.
Obtaining legal guidance can be helpful to reduce these risks and avoid complications during the probate process.