If you write your own will - is it legal?

Posted by 70sfamily | 9:53:00 AM


Most people get wills drawn up from a lawyer, but if you write one yourself willing your assets to your children and how you want your money applied on a regular piece of paper...is it legal?

Answer by Think Before You Type
Yes, it is legal. Staples and Office Depot have DIY will kits.

Answer by wizjp
Most states the ones you download online are legal as long as you have them properly witnessed and notarized.

If you don't want to pay a lawyer, you do take a chance if there is a dispute that the will might be invalid when you write it yourself.

Talk to your county probate clerk; it's their job to help you just short of legal advice

Answer by Betsy
That depends on what state you live in. Some states allow what are called holographic wills. Others do not. Some that do require certain things to happen with them.

**eta**Wills are so tricky in how they must be worded in each jurisdiction...I really do recommend having it drawn up by a lawyer particularly if you have children.

Answer by jsmack19
There are different definitions of writing a will oneself.

1) Actually handwriting the will (holographic will) is valid in most states, but some do not recognize it.

2) Writing a will using fill in the blank forms and getting it notarized, is valid in most states also.

Answer by flingebunt
It is a good idea to have a will. There is plenty of information online and from various government agencies. But you need to make sure you follow the correct procedures for your jurisdiction.

In Australia the post office sells DIY will kits.

I would head to the book store to find one.

How much you put in depends on the amount of money involved and the nature of your family.

All wills can be challenged and there is no guaranteee that your wishes will be followed.

In addition there are a number of legal risks, such as you need to appoint an executor for your will, and that can be anyone. However the executor has the right to take a fee (any fee, the decide) from your estate as part of the process.

A final consideration in the living will. This is used when you are brain damaged, in hospital, but legally dead. The living will can leave instructions about what would be done, such as having life support turned off or left on.

If you have a lot of money then it is worth talking to an expert to help you.

Answer by Marysia
sure I would recommend having it notarized OR just mail it to yourself and NOT open it ; )

when my uncle died -- there was a piece/scrap type paper with his hand written information and that was legal! there was nothing special. however with kids - it's more challenging so i would recommend just typing it up and doing the notary thing when you go to the bank or something.

Answer by Sean F
Yes

Answer by Dana B
If it meets your state's requirements for a will, yes. I strongly discourage it, though. I'm a lawyer, and believe me, some of the situations I've seen where someone tried to do their own will, if they'd known how it was going to turn out they would have been thrilled to spend the couple of hundred bucks to let an attorney do it right.



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