Harden Law Firm, LLC
A Georgia Estate Planning and Probate Firm

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Can I Make my Own Will?

With the enormous amount of information at everyone’s fingertips on the internet we often turn to a DIY mentality in many aspects of our lives. I will be the first one to admit that I self-diagnose myself after a quick search on the internet anytime I get the sniffles. However, this mentality can result in undesirable consequences when it comes to your estate plan.

We have seen a trend in our Georgia estate planning law firm where our clients come to us with their DIY Wills from the internet that “just need some updating”. As we go through the Wills with our clients their general reaction is usually shock when it is explained to them how their estate would have been handled under their current Last Will and Testament. About 99% of the time when a client comes to us with their internet Will we end up having to draft a completely new one due to the internet Will was done so wrong the first time it just couldn’t be saved with a codicil (a will amendment).

One of the most dangerous consequences that happens when you make your own Last Will and Testament is when a loved one gets disinherited by accident. We had a client that accidentally disinherited one of their own children due to some improper terminology used in their Will that was created from an online service. You could imagine how that accidentally disinherited child might feel when they learn after their parents’ passing that they were “written out” of the Will. To add insult to injury the child would have no idea the disinheritance was an accident.

Another dangerous consequence of writing your own Will is that they often do not comply with all the state laws. I see it all the time when clients use an online automated service that leaves out important language that is required by the State of Georgia for a valid Last Will and Testament. Sometimes this could make the Will completely invalid (meaning it’s now kindling for your fireplace). Other times it can still be considered valid, but it leaves out language that results in your beneficiaries having to go through extra effort to probate the Will when filing with a Georgia probate court. If you have gone through the efforts to even get an internet Will the chances are you want to make the process easier for your loved ones, not more difficult. This is one of the many reasons it is important to consult with an experience Woodstock estate planning attorney when drafting your Will.

Your Will is often the last opportunity to express your final wishes, and those wishes are often carried out long after you are gone. Which leaves them as permanent decisions and leaving loved ones with no answers to questions about ambiguities. So when deciding on how to make your estate plan remember it’s not what you do know that hurts you, it’s what you (and the internet) don’t know that hurts you.

If you find yourself in a situation where you have already made your own will or are considering making a will give us a call today and we will set up a free estate plan review session with one of our Woodstock estate planning attorneys to discuss your options to ensure your family is protected and no one gets accidentally disinherited. Call our office at 770-285-8229 to speak with one of our Georgia estate planning attorneys today.

Christopher Harden
Amber Brantley
Rated by Super Lawyers


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