In this computer age, when so many tasks are accomplished via the internet — including banking, shopping, and important business communications — it may seem logical to turn to the internet when creating a legal document such as a will . Certainly, there are several websites advertising how easy and inexpensive it is to do this. Nonetheless, most of us know that, while the internet can be a wonderful tool, it also contains a tremendous amount of erroneous, misleading, and even dangerous information.
In most cases, as with so many do-it-yourself projects, creating a will most often ends up being a more efficient, less expensive process if you engage the services of a qualified attorney. Just as most of us are not equipped to do our own plumbing repairs or automotive repairs, most of us do not have the background or experience to create our own legal documents, even with the help of written directions.
Situations that Require an Attorney for Will Creation
Although the use of an attorney for will writing should almost alway be the decision a person should make, in certain cases, the need for an estate planning attorney is inarguable. These include situations in which:
- Your estate is large enough to make estate planning guidance necessary
- Minor children or children with special needs and the necessity of a Trust
- Usufruct and the creation of the rules for the usufructuary
- You have concerns that someone may contest your will
- You worry that someone will claim your mind wasn’t sound at the signing
Mistakes and Omissions
It has always been possible to write a will all by yourself, even before the advent of the typewriter, let alone the computer. In Louisiana, a handwritten will is called an Olographic will. The only requirements for this type of will is that the document needs to be in the handwriting of the testator, dated and signed. Such a document, however, is unlikely to deal with the complexities of modern life. Many estate planning attorneys have seen, and often been asked to repair, wills that have mistakes or significant omissions. These experts have also become aware of situations in which the survivors of the deceased wind up in court, spending thousands of dollars to contest ambiguously worded or incomplete wills. Without legal guidance from a competent estate planning attorney, creating a “boxtop” will can result in tremendous financial and emotional risk.
Evidence that Online Wills Are Not Foolproof
Evidence that many other complications can arise when an individual creates a will using generalized online directions can be found in the following facts:
- Louisiana has its own rules
- Forced Heirship needs to be considered
- Even uncontested wills can remain in probate if not executed in an exacting fashion
- Estate planning attorneys find legal software programs inadequate
- Even legal websites themselves recommend bringing in an attorney in all but the very simplest cases
- Some legal websites provide inexpensive monthly legal consultations with attorneys to protect their client and themselves
Areas that Frequently Cause Problems
Self-constructed wills often become problematic when the testator:
- Names an executor who has no financial or legal knowledge
- Leaves a bequest to a pet (legally, you must leave the bequest to an appointed caretaker)
- Puts conditions on payouts to an that are difficult, or impossible, to e