The COVID-19 pandemic turned our world upside down. People have turned to DIY wills as COVID-19 raised new anxieties concerning health, family, and economics. Unfortunately, we also face a new crop of sales or fundraising gimmicks that maximize our fears.
DIY Wills (Do-it-Yourself)
The sales tactics for DIY wills (“Do-it-Yourself”) walk a fine line between timely and inappropriate. I have encountered fundraisers advertising websites for DIY wills so that individuals can include their charity in the target’s estate plan. Certain online services boast the ability to personalize your will or comply with legal requirements in your state. Our firm advises clients against DIY wills for a few reasons.
Your will may have unintended consequences. Laws governing testamentary documents affect the interpretation of your will. Unless you, or your software, can know and understand those laws, you may draft a will that leaves property to unanticipated persons.
A will might state, “in equal shares to my brothers and sisters.” Are those siblings whole-blood siblings? Did you intend to leave the property to a half-sibling? In South Carolina, a half-sibling is treated the same as a whole-blood sibling, and that law would determine who takes under your will. Maybe you intended to include step-siblings, who are not treated equally under the law.
Mistakes in Making a DIY Will
Other mistakes or mishaps could include improper execution. In South Carolina, two impartial witnesses must sign a will. If one witness is a beneficiary of the will, that individual does not take under the will, even if that contradicts the drafter’s intent. A DIY may name investments too specifically or fail to name certain properties specifically enough. Without certain language, the will may not plan for a beneficiary’s death, which could potentially disinherit a grandchild in some states.
At Hyde Law Firm, drafting a will is part of an estate planning process. This means getting to know you, considering your entire estate, assets, and debts, and anticipating the unexpected.
During these uncertain times, don’t rush into a will. Attorneys can still talk with you over the phone and wait to execute documents in person when you are ready to do so. Relying on websites or software may not give you the certainty you need. Rest assured that the document you create will effectively transfer your property as you wish.
