Can I Draft a Will by Myself?

Many people prefer to do things on their own, and legal issues are no exception. For example, many people try to save money when it comes to estate planning. They may think they can easily create their own will. They may think estate planning is so easy.  But while a person could technically draft a will by themselves, there can be some challenges along the way especially if there are a lot of assets at stake.

In Tennessee, you are allowed to draft a will on your own. You are not legally required to use an attorney, but your will must meet certain requirements. In Tennessee, the person who makes the will, also known as a testator, needs to be at least 18 years old and of sound mind. Also, two or more witnesses must sign the will at the same time the testator signs in order to make it valid. While it’s best to use a computer program to create a will, the state does accept holographic, or handwritten, wills.

If you do create your own will, be sure to take stock of all your assets and debts. Figure out what you own and what you owe. Designate an executor to be in charge of your will when you pass away.

Also, you would need to add beneficiaries – these are the recipients of your assets. You can leave your estate to any person or institution you want, such as family, friends, nonprofits, and even schools. Be sure to clearly identify all beneficiaries in your will to prevent confusion.

In addition, you would need to plan for any dependents you have, such as minor children and pets. You can assign someone to care for them.

Why You Should Not Create Your Own Will

Even though you are legally able to create your own will, should you?  Creating your own will can be tricky. Here are some reasons why you might want to avoid doing so:

• Legal requirements: Wills must meet specific legal requirements, or the will may be considered invalid.
• Complex family dynamics. If your family situation is complex, such as estranged relatives or blended families, a DIY will might not adequately address all potential issues.
• Ambiguity and errors. Without legal expertise, it’s easy to make mistakes or use language that is ambiguous. Even small errors or unclear wording can cause confusion and make a will invalid, or even if the will is valid there could be large parts of your estate not going to the beneficiaries you want.
• Tax implications. Wills can have significant tax implications. Without professional advice, you might not take advantage of tax-saving strategies.
• Overlook important details. There may be important considerations you’re unaware of, such as guardianship for minor children, provisions for pets, or the handling of digital assets, which can leave large gaps in your estate plan.

Even if you were to use a will kit or online template, these same issues can arise.

Seek Legal Help Today

You can legally create your own will without an attorney’s help, but should you? Do you really feel comfortable doing so? There are certain requirements that need to be met, and it’s important to have skilled assistance for a good estate plan.

Get the help you need from Brentwood probate & estate administration lawyer Judy A. Oxford, Attorney at Law. Drafting a will can be complicated. Nothing compares to the assistance of an experienced and knowledgeable estate planning lawyer. Schedule a consultation today by calling (615) 791-8511 or filling out the online form.