Why should I work with a lawyer to prepare my Will? (Part 2)

Continued from before…..

(3) Working with a lawyer is the only way to get advice specific to your circumstances.

Other options may provide generic documents and general legal information, but only a lawyer can provide legal advice (specifically applying the law to your circumstances). Lawyers can set out common options and discuss the benefits of each option with you in the context of your situation. Lawyers can tell you when something might not work and suggest alternatives. There may be a way to achieve your goals that would not be covered by the standard options included in a DIY Will.  This is the top reason to work with a lawyer. We can think of options and considerations that you were not aware of, and provide objective advice.

Note: An online will tool may guide you through the main thoughts to consider and instruct you how to sign the document (two witnesses, etc.). It may have standard clauses that are worded effectively. But it cannot give you advice regarding whether a certain clause is appropriate for you. And more importantly, it cannot explain to you the options available or make a recommendation based on your personal circumstances.

(4) Working with an estate planning lawyer protects your wishes.

After you die, people can challenge the validity of your Will. Such challenges are often a surprise, but if you imagine someone taking issue with the provisions of your Will, working with a lawyer becomes crucial. If a Will that was prepared by a lawyer is challenged, the lawyer’s notes will be reviewed by the Court and if the lawyer is still available, they may be asked to testify. The notes and testimony will help to verify that the Will is valid and reflects your wishes. Additionally, if a lawyer drafts your Will, they take precautions to ensure you have the capacity to make a Will and that you are not doing so under duress or improper influence from another person.

(5) Working with an estate planning lawyer protects your estate.

If you draft a Will on your own or pay a software company for the use of their software, your estate will have virtually no recourse if things do not work as planned. The cost of fixing the mistake, if fixing it is even possible, decreases the amount going to your beneficiaries. Lawyers should not make major errors, but they also have liability insurance to protect their clients if such a mistake occurs.

In the end, it is similar to any other personal service. You can do it yourself. You can manage your own investments. You can give yourself a haircut. Whether it would be a smart choice to do so will vary from person to person. Generally, hiring a professional leads to a better end product and makes the experience less stressful. This extends to any profession. You could do it yourself, but you do not have to, and often, you should not.

Disclaimer: The information provided in this blog post is for general purposes only and must not be considered legal advice. For specific legal advice, please consult an attorney directly.