How To Write a Will

Writing a will is one of the most important steps you can take to ensure that your assets are distributed according to your wishes when you're no longer here. It's a way to make sure your loved ones are cared for, your assets are managed properly, and any final instructions you have are followed. But writing a will isn’t just about putting words on paper—it’s about creating a legally binding document that ensures your wishes are carried out.

In this blog post, we’ll break down the steps to writing a will that is legally enforceable, and we’ll explore the pros and cons of creating a will with the help of an attorney versus using an online service.

Guide: How to Write a Will

1. Start with a Clear Statement of Intent
   The first thing to do in your will is state that it is your last will and testament. This should be clear from the very beginning of the document to avoid any confusion later. A typical introduction might read:
   “I, [Your Name], being of sound mind and body, do hereby declare this to be my last will and testament, revoking all prior wills and codicils.”

2. List Your Assets and Property
   Clearly list all assets you wish to include in your will. This can range from real estate to financial accounts, vehicles, personal belongings, or even intellectual property. Be as detailed as possible to avoid ambiguity.

   • For example, instead of simply writing “I leave my house to my daughter,” specify the address of the property and clarify that the house includes all personal property within it (furniture, appliances, etc.), if that’s your intent.

3. Name Your Beneficiaries
   A beneficiary is someone who will receive your assets upon your death. Be clear about who gets what. You can leave different portions of your estate to different people, or even designate specific assets (e.g., "I leave my diamond ring to my sister, Sarah").

4. Choose an Executor
   The executor is the person responsible for managing your estate after your death. This individual will carry out your instructions, pay off any debts, and distribute your assets to your beneficiaries. Choose someone you trust and who is willing to take on this responsibility. It’s also a good idea to name an alternate executor in case the primary person is unable or unwilling to serve.

5. Name Guardians for Minor Children
   If you have children under the age of 18, naming a guardian for them is crucial. This ensures that someone you trust will care for your children in the event of your passing. Again, be specific in naming both the primary guardian and an alternate, in case the first choice is unable to care for the children.

6. Include Special Instructions
   If you have specific wishes regarding your funeral, the care of pets, or how your assets should be distributed in certain situations (e.g., if a beneficiary dies before you), include those instructions in your will. The more details you provide, the less chance there will be for confusion after your passing.

7. Sign and Witness the Document
   For your will to be legally binding, you must sign it in front of witnesses. Generally, at least two witnesses are required, but the rules vary by state. These individuals must not be beneficiaries of the will and must be over the age of 18. Your witnesses will also sign the document to confirm that you were of sound mind and that you signed the will voluntarily.

8. Store the Will Safely
   Once your will is written, signed, and witnessed, store it in a safe place where your executor can easily find it when the time comes. This can be a fireproof safe at home, a safety deposit box, or a secure location with your attorney.

Attorney vs. Online Will Services: Pros and Cons

While writing a will may seem straightforward, deciding whether to use an attorney or an online service is an important choice. Both methods have their advantages and drawbacks. Here’s a breakdown of the pros and cons of each.

Using an Attorney to Draft Your Will

Pros:

1. Expert Legal Advice: Attorneys are trained to navigate the complex legal aspects of estate planning. They can ensure that your will complies with state laws, reducing the risk of errors that could render it invalid.

2. Tailored to Your Needs: An attorney can help you customize your will to address complex family situations, business assets, or special instructions (such as setting up trusts or handling tax issues).

3. Minimizes Risk of Ambiguity: Legal professionals can help ensure that your will is clear, reducing the chances of confusion or disputes between family members after your death.

4. Professional Guidance for Complicated Estates: If your estate involves multiple properties, large sums of money, or potential conflicts among beneficiaries, an attorney will help guide you through the process with confidence.

Cons:

1. Higher Cost: Hiring an attorney can be expensive. The fees can range from several hundred to thousands of dollars, depending on the complexity of your estate and the attorney’s hourly rate.

2. Time-Consuming: Meeting with an attorney, discussing your estate, and revising documents can take time, making the process more cumbersome than using an online service.

3. Less Control: Some people prefer to have full control over writing their will. With an attorney, you might feel less involved in the process, especially if it’s a more formalized procedure.

Using an Online Will Service

Pros:

1. Cost-Effective: Online services are typically much more affordable than hiring an attorney, with many will creation services costing between $20 and $100. This makes it a budget-friendly option for those with relatively simple estates.

2. Quick and Easy: Online platforms guide you through the process with questionnaires and templates, allowing you to create your will from the comfort of your home. The entire process can be completed in a matter of hours.

3. Convenient: Online services are available 24/7, so you can write or update your will at your convenience, without needing to schedule appointments with an attorney.

Cons:

1. Limited Legal Support: While online services provide templates and guidance, they don’t offer the in-depth, personalized legal advice an attorney would. If you have a complicated estate or special circumstances, an online service might not meet your needs.

2. Potential for Errors: Because you’re filling out the information yourself, there’s a higher risk of mistakes or omissions that could invalidate your will or lead to disputes later on.

3. One-Size-Fits-All: Most online will services are designed for simple estates. If your situation involves trusts, charitable donations, or other specific needs, the templates may not provide the flexibility required to ensure your wishes are properly outlined.

Which Option Is Right for You?

Choosing whether to write your will with an attorney or an online service depends on the complexity of your estate and your personal preferences. If you have a straightforward situation and a modest estate, an online service may be sufficient and more affordable. However, if your estate is large, your family dynamics are complicated, or you have special wishes that need legal expertise, consulting an attorney is likely the best option.

Disclaimer: We’re not legal professionals, and the content here is based on our own experiences, research, and the expert advice we've received. Our goal is to offer helpful guidance to get you started on your end-of-life planning journey. We’re here to make those conversations a bit easier, and while we aim to provide reliable information, this blog is not intended to serve as legal advice. We always recommend consulting with a qualified legal professional to finalize your plans.