Can I Just Write a Will on My Own for Free?

Although an attorney traditionally creates a will, it’s possible for someone to write one on their own for free or a nominal charge using a printable template, self-guided online service or by crafting the document from scratch. Because these DIY legal documents do have pitfalls, they’re not ideal for individuals with complex estates or minor children, who may need to seek legal advice. However, a DIY will can be viable for someone who needs a free or low-cost option to create a simple will.

Do-It-Yourself Wills Defined

A do-it-yourself will is a self-created document that details how a person’s assets and property should be distributed after they die. Anyone over the age of 18 may create a legal DIY will using a template or self-service, or from scratch on a computer or by hand. However, all DIY wills should contain the same basic information as those drafted by a lawyer, including:

• Heading titled “Last Will and Testament” that lists the testator’s full name, legal address and date of birth
• Three key statements: This is the last will and testament of (legal name of the testator): “I revoke any prior wills” and “I am of sound mind.”
• Debts and the assets that should be used to pay them
• Distributable assets and property, including their location and who should receive them
• Instructions for distributing any additional assets or property remaining when the individual dies
• Alternate beneficiaries to replace unreachable primary beneficiaries or predecease the testator
• Executor to carry out the will’s instructions and what powers they should have
• Property custodian to oversee property or assets bequeathed to minors
• Guardian to care for minor children or family pets
• Addresses and telephone numbers for all named parties
• General provisions to account for situational changes such as a divorce
• Testator’s signature
• Signatures of two witnesses who aren’t material participants in the will*

*In some cases, handwritten wills — known as holographic wills — may be legal and enforceable without witness signatures. However, they must be written, signed and dated entirely in the testator’s handwriting.

The Downside of DIY Wills

DIY wills can save individuals time and money, and when executed properly, they’re typically legal and enforceable. However, self-created wills may be too simple for individuals with large estates or young children. Plus, because estate laws are complex and vary by state, it’s easy to make a mistake that can leave a DIY will open to being contested, or worse, invalidated.

Common mistakes in self-created wills include:

• Unclear or vague wording
• Noncompliance with state laws
• Lack of witness signatures
• Incomplete information
• Typos

What Happens When a Will Is Challenged

Although DIY wills are often contested based on administrative mistakes, they may also be challenged for other reasons, including:

• Individuals who feel they were wrongfully excluded from an inheritance
• Belief that laws were broken
• Suspected fraud
• Belief that the writer wasn’t mentally competent
• Undue influence from another party

When a will is challenged, it goes to probate, where a court decides the outcome. Although challenges often fail, they can tie up an estate for months or even years. And, if a court does invalidate the will, assets and property may be distributed based on legal guidelines with no regard to the will writer’s last wishes.