It is often quite tempting to roll up our sleeves and tackle projects on our own. Finding ways to save money not only feels smart but necessary. So, when it comes to something as personal as drafting a Will, the thought, “Can I just do this myself?” is more than understandable. After all, who wouldn’t want to streamline the process, making it as straightforward and cost-effective as possible?
But before you dive into the world of do-it-yourself Wills, let’s pause and consider a few crucial points. Yes, it’s entirely legal to draft your own Will, and yes, in certain cases, even those heartfelt notes jotted down on a piece of paper can carry legal weight. The real question isn’t just about legality; it’s about ensuring that your wishes are honored without placing an undue burden on your loved ones.
Do-it-yourself Wills can cause extra stress and financial strain for your grieving loved ones. Most people would not choose to do that to their loved ones intentionally, but that will be what happens unintentionally if you don’t have a Will or you have a DIY Will.
Here are four things to keep in mind if you are considering the do-it-yourself Will route:
1. A Will Must Be in Writing
This may sound obvious, but historically, there have been situations where people are dying and quickly give verbal instructions in lieu of a written Will. These are known as oral or nuncupative Wills. Although some states will admit a nuncupative Will, Virginia is not one of them. In fact, the only scenario where an oral Will may be admissible in Virginia is when an active-duty member of the armed forces gives one on their deathbed.
At its core, a Will is a reflection of your wishes, a way to ensure that what you value is respected and passed on. While the idea of an oral Will might seem appealing in its simplicity, the requirement that it be in writing makes it easier for your loved ones to follow your wishes.
2. A Will Needs to Be Signed
Most Wills are typed documents. You can type the Will yourself or have someone else, usually an attorney’s office, type it for you. Regardless of who types the Will, it needs to be signed by the person making the Will (the testator) or by someone acting “in the testator’s presence and by his direction.” In other words, if you are physically unable to sign the Will for any reason, you may ask someone to sign your name for you, provided you are both in the same room at the time. This legally ensures that every word before the signature is exactly what you want to say.
3. A Handwritten Will Is Legal–With Certain Caveats
There’s something undeniably personal and charming about a handwritten Will, and technically, it’s legal in Virginia. A handwritten Will, known as a “holographic Will,” is valid, provided you write out the entire document yourself. If any portion of the Will is typed or written in someone else’s handwriting, it is not considered holographic and, therefore, not legal.
4. Wills Need to Be Witnessed
A Will should always be signed by the person making the Will (a testator) in the presence of at least two “disinterested witnesses.” These witnesses are essentially any legally competent adults who do not stand to benefit personally from your Will. The signing should take place with you and your witnesses in the same room, ensuring clarity and trust. Even though holographic Wills – those handwritten entirely by you – technically do not require witnesses at the moment of creation, Virginia law still necessitates that at least two disinterested witnesses verify the will was entirely in your handwriting.
What Can Go Wrong with a DIY Will?
Opting to go it alone with your Will can feel empowering, but it’s not without its challenges. The intricacies of legal requirements can be daunting, and the consequences of an oversight might not emerge until it’s too late to make corrections. Once your will is discovered after your death and submitted for probate, it will be too late to correct any defects.
Additionally, if you have assets in states with different laws, the complexity only increases. For example, Florida will not accept holographic wills under any circumstances. So, if you have a second home in Miami, the Florida courts will need to see a Will that meets that state’s requirements. This is just one example of the many things that can go wrong with do-it-yourself Wills.
Why Walking Together Makes the Journey Easier
Embarking on the journey of estate planning with a professional by your side isn’t just about avoiding pitfalls; it’s about ensuring your legacy is crafted with care, understanding, and legal expertise. It’s a partnership that offers peace of mind, not just for you, but for those you love.
At Promise Law, we’re here to walk this path with you. To dive deeper into how we can help personalize your estate planning experience, consider joining one of our free educational workshops – either in-person or on-demand. This is the best place for you to start your estate planning journey. If you have any questions or issues, we’re just a call away at (757)690-2470, or you can reach out to us online.
Here’s what one of our satisfied clients had to say about their experience:
“I recently updated my Will, advance medical directive, and power of attorney, which Geneva had originally prepared many years ago. I recently had to settle the affairs of members of my family and was keenly aware of how easy it is to leave out significant information that makes the process more difficult than necessary. I was impressed with how thorough the firm was in attending to every detail. I am convinced that my heirs will have no difficulty in settling my estate. I was always treated professionally, not only by Geneva but by each of her staff members. I highly recommend the services of Promise Law.” –MM
