The Pros and Cons of Do-It-Yourself Wills
At the beginning of my estate planning practice, I agreed to review Do-It-Yourself Wills for some individuals for a small fee. I do not do these reviews anymore, but during this time, I picked up on some of the pros and cons of doing an online Will.
Pros:
1. Cost – typically, the cost of an online Will is significantly lower than hiring an attorney to draft it.
2. Some of the documents are well drafted – some of the forms I have seen include all of the necessary sections of a valid Ohio Last Will and Testament and they include detailed instructions for signing the documents.
Cons:
1. Client Errors – Every Do-It-Yourself Will I have reviewed had a client error – every single one. These errors may have been due to the client failing to read the instructions, or inserting their own provisions in the wrong place, but EVERY single document had a significant problem. For example, one of my clients thought he would save money by making his online Will a joint Will with his spouse – this can create problems for the surviving spouse. One client wrote in the Will that all of her property shall be distributed to her three children, and then later wrote that her house only goes to one child – these two provisions conflict and will likely require court involvement to determine what happens. One client stated that their named executor receives all of their assets, to be distributed as the Executor sees fit. The client told me that they thought it would be easier to give their property to one person, who can then distribute it to other family members. If you speak with any estate planning attorney, they will likely tell you that even if you trust a family member to follow your unwritten wishes, we have all seen this plan blow up in smoke many times. Unless your wish is specifically written in a Will or Trust, there is significant risk that your “unwritten” wishes will not be followed.
2. No Legal Advice – Most estate planning attorneys spend valuable time one-on-one with their clients to discuss the client’s wishes and give legal advice. Even if you are looking for the simplest of Wills, there are many things I recommend discussing with an estate planning attorney that you cannot discuss with an online document company. For example, you should know the tax consequences of a probate estate; what happens if you have creditors that you owe money to at your death (credit cards, medical bills, etc.); what family dynamics are involved and how can we avoid conflict among your family members when you are gone; and what are the ways to avoid the probate process altogether. It is unlikely you will receive any of this advice with a Do-It-Yourself Will company. When you pay an attorney to do this work, you are not just paying for the preparation of a document, but also the legal advice that goes along with the process.
While Do-It-Yourself Wills can save some money, they can also create a myriad of problems if not done correctly. I strongly recommend consulting with an experienced estate planning attorney for any legal documents.


