Can You Write a Will Without a Lawyer?
You can write a will without a lawyer, although you’ll need to follow your state guidelines to ensure it legally goes into effect. For instance, some states require that a will be signed in front of witnesses and/or notarized. There are both pros and cons to going the DIY route rather than an estate attorney. Caroline Tanis, a financial advisor with the Tanis Financial Group in Hoboken, New Jersey, points out two of the biggest deciding factors for individuals considering how to approach making a will. “A major pro is that an attorney will bring up things you should put in your will that you may never have thought of,” Tanis told The Balance by email. The biggest drawback? “The cost—especially if you have to update your will frequently. The cost of using an attorney during the process can add up.” As an in-between, you could opt for a template or online service that guides you through the will-creation process.
Steps To Writing Your Own Will
Keep Your Will Up-to-Date
Creating the first version of your will is a great step in taking care of your loved ones in the event of your death, but it’s also important to review the document on a regular basis and make any necessary changes. “People should review their wills annually to make sure there’s no minor edits or changes that need to be made,” Tanis said. “Outside of that, it should be updated when any major life events occur, like marriage, divorce, death, birth of a child, a child turning 18, or a move to a different state.” If you do move, it’s important to make sure your will is valid in the new state. “Put any gift requests in your will and any notes you have about them,” Tanis said. “For example—you want your daughter to inherit the jewelry from your wedding and then have it passed on to her daughter.” Your will is not the place for your burial instructions. “Wills are typically not read until after a funeral, so if you have any related wishes, nobody will know about them until it’s too late,” said Tanis. “Put any gift requests in your will and any notes you have about them,” Tanis said. “For example—you want your daughter to inherit the jewelry from your wedding and then have it passed on to her daughter.” Your will is not the place for your burial instructions. “Wills are typically not read until after a funeral, so if you have any related wishes, nobody will know about them until it’s too late,” said Tanis. That’s because death isn’t the only time you may need someone to act on your behalf. Giving someone power of attorney or outlining medical directives helps ensure your wishes are made in the event you’re incapacitated and can’t make decisions on your own. Want to read more content like this? Sign up for The Balance’s newsletter for daily insights, analysis, and financial tips, all delivered straight to your inbox every morning!