The Truth About DIY Wills

Throughout “Make a Will” month, our team of attorneys observed a significant increase in advertisements offering free or low-cost online Will creation. While these options might seem quick and inexpensive, they often overlook vital steps and considerations in the estate planning process.

The process of creating a Will involves careful planning and customization, something that online solutions most often cannot provide.

Many websites have promoted their platforms as solutions for drafting your own legal documents. However, most online services offer only basic or standard forms, and often fail to meet crucial state-specific requirements for valid execution. Importantly, these providers cannot issue legal advice, and some have faced legal challenges for unauthorized practice of law. Without proper guidance, you risk choosing incorrect forms or including problematic provisions that don’t reflect your true intent or the accurate size (or nature) of your estate.

Don’t be fooled; some do-it-yourself forms look fairly thorough, even posing questions such as “Who do you want to receive your vehicle after you die?,” or offering the option to name several levels of successor beneficiaries to inherit if your primary beneficiaries are not living. However, these services fail to provide any critical thinking feedback to the choices that you make, and do not explain the ramifications of these choices. In contrast, an estate planning attorney can hear these same goals and then explain that specifically devising a vehicle may actually create more confusion for your family, or point out that you have already provided for your beneficiary’s children by having assets pass “per stirpes,” so subsequently listing the children by name does not actually provide the back-up plan that you intended.

State-Specific Execution Requirements

While many states have similar rules for executing Wills, these laws are ultimately state-specific. In Pennsylvania, a form Will that has not been properly witnessed may invite contest over its validity. Conversely, executing a Will under the supervision of an attorney, complete with a self-proving affidavit, helps avoid unnecessary probate delays and provides a presumption of validity.

Beyond procedural compliance, attorney involvement protects against challenges related to testamentary capacity. The mental capacity to draft a Will must be vetted and documented.

Tax Planning Considerations

Beyond ensuring that your wishes are honored, proper estate planning considers both state and federal tax consequences. An estate planning attorney can advise on current estate tax laws and draft strategies that help mitigate potential tax liabilities. Pennsylvania imposes its own inheritance tax, making it even more critical that Wills contain clear instructions on tax apportionment among heirs to avoid unintended consequences.

Power of Attorney and Advance Health Care Directive

This blog has been primarily focused on Wills, but many estate planning attorneys would argue that a Power of Attorney and an Advance Health Care Directive are as important (if not more important) than a Will. These documents also have very state-specific requirements for their execution and for proper language that must be included to give your Agent or Health Care Agent the authority they need to assist you during your lifetime. To the extent that these documents are discussed at all on DIY estate planning services, they are treated as an afterthought, rather than something that also merits the same care, consideration, and attention to detail as a Will.

Invest in Your Legacy

When it comes to protecting your wishes and your loved ones, estate planning is worth doing right. Purchasing DIY forms that miss key provisions or do not comply with state requirements can lead to unnecessary Will contests and assets passing contrary to your intent. This also leads to a false sense of security, with people thinking they have taken steps to protect themselves and their family, but, in reality have really created a mess for their family to untangle after they become incapacitated or die.

Please, do not fall prey to this. Rather than opting for a “low cost” or “free” Will, consult an attorney who can guide you confidently through every step. The team at Gross McGinley is here to help you plan with care, expertise, and commitment to your legacy.