Are DIY Wills Legal?

A will is a legal document that lets a person express what should be done with their property and assets after they die, and a DIY will is legal as long as it’s clearly written and adheres to relevant state laws. Although wills are generally written with the help of a lawyer, do-it-yourself versions may be created using templates found in books or online. For an individual with a small estate, no minor children and uncomplicated family relationships, a DIY will can be an easy, inexpensive way to make sure last wishes are carried out. 

Creating a DIY Will

A DIY will can be crafted in minutes using a self-guided online service or printable template, or by creating an original document. Templates or online forms typically provide step-by-step information, guiding the user through the process. However, individuals creating a last will and testament from scratch should make sure to include the following information:

• Their name, date of birth and legal address
• What property is being willed, where it’s located and who should inherit those items
• The desired allocation of any additional property remaining at the time of death
• Alternate beneficiaries in case the primary beneficiaries predecease the will-maker
• An executor to carry out the will’s instructions
• A designated guardian or guardians to care for any minor children or pets
• A property custodian to manage any inheritance left to minors
• Contact information for all parties named in the will

The document should be clearly titled “Last Will and Testament,” and each page should be numbered. It must be signed and dated by the creator, plus two witnesses with no material stake in the inheritance. Once the will is complete, it should be stored safely with other important documents so family members can easily find it. The executor named in the will should also know where it’s located.

The Legality of DIY Wills

Estate laws are complex, and choosing to create a DIY will can be risky. However, these documents are typically legal and enforceable if the execution is meticulous and the following criteria are met:

• The writer of the will is 18 or older.
• The document is clearly worded.
• The will adheres to relevant state laws.
• The will includes three key statements: This is the last will and testament of (your full legal name); I am of sound mind; and I revoke any prior wills created before this document.
• The document is signed and dated in the presence of witnesses.

The Rules for Handwritten Wills

In most states, handwritten wills are permissible and should include the same information as other do-it-yourself versions. DIY wills may even be legal without witness signatures, as long as they’re written entirely in the will creator’s handwriting and are signed and dated. This is known as a holographic will.

What Happens if a DIY Will Is Invalidated

Typically, invalidation of a DIY will happen when an heir or other family member contests it through probate court. Wills can be invalidated for numerous reasons, including:

• Suspected fraud
• Improper execution
• Vague language
• Incomplete information
• Inclusion of ineligible financial accounts
• Undue influence from an heir
• Typos

If a court invalidates a DIY will for any of these reasons, assets may be divided up according to legal guidelines rather than the will writer’s wishes.