Do-it-yourself wills and where they fail

A will produced from a template is considerably better than no will. The question is whether the situation is one a template handles.

Where it works

A straightforward set of circumstances: a single marriage, children who are all shared, a modest estate, no business, no property in another state, no beneficiary with particular needs, and no expectation of a challenge.

For that situation, a properly executed template will naming beneficiaries, an executor and a guardian achieves most of what is needed.

The alternative — deferring indefinitely because professional drafting seems expensive — is worse.

The execution problem

The most common failure, and it has nothing to do with the drafting.

A will must be executed according to state formalities: the number of witnesses, their presence, whether they may be beneficiaries, and whether a self-proving affidavit is used.

Errors here can invalidate the entire document.

The recurring mistakes: using a beneficiary as a witness, which in many states voids that person's gift; witnesses not present at the right time; failing to sign in the correct places; and not including a self-proving affidavit, which means witnesses must be located and testify at probate.

Notarisation is not generally a substitute for witnessing, and this is widely misunderstood.

Electronic wills are recognised in a small and growing number of states with specific requirements, and relying on an electronic execution where the state does not permit it produces an invalid document.

The substantive failures

Assuming the will controls everything. The most consequential misunderstanding.

Retirement accounts, life insurance and payable-on-death accounts pass by designation. Jointly held property passes by survivorship.

A template will dividing everything equally does not correct designations that produce an uneven result, and a person whose assets are mostly in such accounts may find the will controls very little.

Ambiguous language. Templates invite people to describe intentions in their own words, and the results are frequently unclear.

Descriptions of property that no longer exists, of beneficiaries by nickname, or of proportions that do not add up.

No provision for a beneficiary predeceasing. A will leaving assets to three children with no provision for one dying first creates a question the document does not answer.

Minor children inheriting outright, with no trust, meaning a court-supervised arrangement and full receipt at the age of majority.

Ignoring state-specific rules, particularly spousal elective share rights and community property rules, which can override the document's terms.

Using a form from the wrong state, which is common with generic online products.

The situations that need professional drafting

A blended family, where interests structurally conflict.

A beneficiary with a disability receiving means-tested support, where an outright gift causes harm.

A business interest.

Property in more than one state or country.

An intention to leave someone out, or an unequal division likely to be challenged.

An estate with tax exposure, federal or state.

A beneficiary with addiction, creditor or marital difficulties.

Any wish to control timing rather than distributing outright.

In each of these the cost of drafting is small relative to the cost of the error, and the error surfaces when nobody is available to correct it.

The middle option

Worth knowing about.

Many attorneys offer flat-fee packages for straightforward estate plans covering a will, powers of attorney and a healthcare directive.

Legal aid organisations and bar association clinics provide free or low-cost services in many areas, particularly for older adults.

Some employers offer legal plans covering basic estate documents.

The gap between a template and a bespoke plan is narrower and cheaper than most people assume.

If using a template anyway

The steps that prevent the worst outcomes.

Use a form specific to your state, from a reputable source.

Follow the execution requirements exactly, using witnesses who are not beneficiaries.

Include a self-proving affidavit where the state permits one.

Check every beneficiary designation separately and make sure the whole picture produces what you intend.

Store the original safely and tell the executor where it is.

And have it reviewed by an attorney once, which costs far less than drafting from scratch and catches the serious errors.

General information only, not legal advice. Execution requirements vary by state — consult a qualified attorney.