Do It Yourself Wills: Which to Choose From?

Do-it-yourself wills have been accessible for years and play a crucial role in ensuring widespread access to will creation. In the past, a do it yourself will was bought from an Office Supply store.  Today there are a few online wills, developed by attorneys for those who feel they have a simple estate. Having a will ensures that your loved ones are taken care of and your wishes are carried out after you pass away.

However, hiring a lawyer to write your will can be expensive; therefore, many people opt for a do-it-yourself will approach. In the following sections, we will provide tips for creating a do-it-yourself will that is legally sound and meets your needs.

Who Should, and Should Not, Create a Do it Yourself Will?

For most individuals with straightforward estates, an online will is typically sufficient. When properly signed and witnessed, it serves as a valid last will and testament and is equally legally binding as one prepared by an attorney.

However, if your estate is more complex, you can still benefit from using an online will to prepare your initial documents before seeking advice from an attorney. This approach provides a useful foundation for your lawyer, potentially saving you both time and money.

Research Your State’s Legal Requirements for Wills

When creating your own will, it’s essential to consider your state’s legal requirements. Each state has specific laws and regulations that dictate how wills should be drafted and executed. Here are some key points to keep in mind:

1. 1. Age and Mental Capacity: You, as the testator (the person making the will), must be at least 18 years old and of sound mind when signing the will.
   2. Written Document: A will must be in writing. Verbal or oral wills are generally not valid.
   3. Signature and Witnesses:
      • You must sign the will.
      • The will must be witnessed by at least two people who are not beneficiaries and who also sign the will.
      • Some states may require additional formalities, such as notarization.
   4. State-Specific Requirements:
      • Research your state’s specific rules. For instance:
        • Florida, you must be at least 18 years old, of sound mind, and the will must be witnessed and notarized¹.
        • Georgia, the will must be signed by you and witnessed by two people⁴.
        • Minnesota, the will must be in writing, signed by you (or someone at your direction), and witnessed by two people³.

Remember to consult with a legal professional or an attorney to ensure your will complies with your state’s laws and meets your specific needs. Properly executed wills provide peace of mind and help ensure your wishes are carried out after your passing.

Do it Yourself Wills Not Accepted

Improperly setting up a will may lead to its invalidation, causing confusion and stress for your loved ones. In such cases, your estate would be administered intestate, as if you had no will, and the court would determine the distribution of your assets.

Holographic wills are not accepted in every state and their validity is often challenged. Instead, consider using a will template or online platform. These options can help you ensure that your will is properly prepared with the correct legal language. Additionally, if you have any questions about your will, it’s always wise to consult an estate attorney who can provide guidance and ensure your wishes are properly documented.

Use Reputable Do it Yourself Online Resources

Many online resources and software programs are available to assist you in creating a will. These resources provide templates, guides, and step-by-step instructions to help you draft your own will. However, it’s crucial to rely on reputable and up-to-date resources. Using outdated or non-compliant resources may lead to issues, as they might not align with your state’s legal requirements.

What Makes the Best Online Will Creating Program

The best online will-creating programs should possess several key features and characteristics to ensure that users can create a legally sound and comprehensive document. Here are some essentials to look for in a reliable online will-creating program:

1. Legal Validity:

   • The program should provide templates and guidance that comply with the legal requirements of the user’s jurisdiction. It should be regularly updated to reflect any changes in laws.

2. User-Friendly Interface:

   • The platform should have an intuitive and user-friendly interface that makes it easy for individuals,  without legal expertise, to navigate.

3. Clear Instructions and Guidance:

   • The program should offer clear, step-by-step instructions to guide users through the will creation process. This includes explanations of legal terms and concepts to ensure understanding.

4. Customization Options:

   • A good program should allow users to customize their will to reflect their specific wishes and circumstances. This may include provisions for naming guardians, specifying asset distribution, and addressing other personal considerations.

5. Review and Editing Capabilities:

   • The program should allow users to review and edit their will before finalizing it and later when circumstances change. This ensures that users can make changes as needed to accurately reflect the many life changes that incur over time.

6. Security and Privacy Measures:

   • As wills contain sensitive personal information, the program should prioritize security. This includes encryption of data, secure storage, and privacy measures to protect users’ information.
   • To enhance security and prevent unauthorized access by individuals with malicious intent, a secure program mandates the use of your email and password for login.

7. Notarization Services:

   • Some online platforms may offer notarization services to add an extra layer of legal validity to the document. Notarization can help prevent challenges to the will’s authenticity. If a will is notarized, then use a Self Proving Affidavit form.  This form affirms the validity of the will and the competency of the testator at the time of its execution. This affidavit simplifies the probate process by allowing inheritors to claim property without requiring witnesses to testify in court.

8. Accessibility and Compatibility:

   • The program should be accessible on various devices (mobile) and compatible with different web browsers. This ensures that users can work on their will at their convenience and from different locations.

9. Cost Transparency:

1. 1. 1. A good online will-creating program should be transparent about its costs. Users should be aware of any fees associated with using the platform before they begin the process.

iCloud Storage or Safekeeping Options:

• • Find a program that may provide options for storing the completed will securely. This may be either through iCloud digital services or by guiding users on where to physically store important documents.

Online Notary and Witness Services Available

• • The option to notarize your will is particularly crucial, as it adds an extra layer of legal protection. A notary public is a licensed professional who can legally witness and certify your signature on your will. Notarization makes it more difficult for anyone to challenge the validity of your will in court, providing additional legal security.

What Online Program Do I Use?

The U.S. Will Registry offers free online wills that are user-friendly and legally sound. This program provides a comprehensive online will creator, free iCloud storage, registrations, a notary link, and other downloadable forms. Additionally, it features a national searchable database for locating wills after a person’s passing.

Ensuring Accessibility of a Will When Needed

There are specific ways that you can ensure the finding of your will; here are some of the ways:

Online iCloud Storage

In addition to notarization, storing your will in the cloud can also provide added safety and accessibility. By storing your will in the cloud, you can ensure that it’s available to you.  iCloud storage offers accessibility to you and your loved ones anytime, anywhere, and on any device. These services use state-of-the-art security measures.  They protect your documents from unauthorized access, loss, and destruction. More importantly, you and individuals authorized by you have exclusive access to them.

The U.S. Will Registry offers a link to Free iCloud storage that attorneys and the public recommend.  SideDrawer.com is a secure and  user friendly site that will ensure that a duplicate copy of your will is always safe and secure from fire, loss or malicious disappearance.

Store Your Original Will in a Safe Place

While online storage of your will is a great safeguard, it is also important to keep your original copy of your will in a safe place. Additionally, this can include storing your will in a safe deposit box, a fireproof safe, or with your attorney. Having a physical copy of your will in a secure location can provide an added layer of protection in case of any unforeseen circumstances, such as a power outage or a technology malfunction.

Online Registration

Finally, registering your will with The U.S. Will Registry can help guarantee its location when needed. To register, store your will’s location with a national registry, making it accessible in case of loss or destruction of your original will. This feature proves especially advantageous if you are concerned about potential loss or destruction due to a natural disaster, fire, or other unforeseen events.

Review and Update Your Will Regularly

Once you’ve created your will, it’s essential to review and update it regularly. Life events such as marriage, divorce, the birth of a child and financial circumstances can all impact the contents of your will. Regular reviews of your will can help ensure that it reflects your current wishes and circumstances.

Consider Having a Lawyer Review Your Will for Legal Soundness

Although creating a do-it-yourself will can be cost-effective, it is advisable to consider having a lawyer review your will for legal soundness. A lawyer can review your will to ensure that it complies with your state’s legal requirements. Furthermore, an attorney can also ensure the accurate reflection of your wishes and assist you in navigating any complex legal issues.

Recap

While creating a do it-yourself will can be a cost-effective option, it’s crucial to ensure that your will is legally sound and meets your needs. With the help of reputable online resources and software programs like The U.S. Will Registry, you can create a legally sound will that meets your needs and provides peace of mind. By utilizing the additional features offered by The U.S. Will Registry, you can ensure the safety, accessibility, and timely location of your will when needed.