Do-it-yourself (DIY) and online will-making platforms have become increasingly popular in recent years, offering a quick budget alternative to traditional estate planning. For many individuals, the convenience of drafting a will from home without legal fees is understandably appealing.
While these online will tools may appear simple, they often result in serious legal issues later on. Homemade wills are more prone to errors and legal deficiencies that can lead to disputes and costly litigation. It is important to understand the risks associated with DIY wills, and why working with an experienced estate planning attorney remains the safest path forward.
Legal Validity: Formal Requirements Often Overlooked
In Michigan, a will must meet several legal requirements to be considered valid. The testator must be at least 18 years old and of sound mind, the will must be in writing, and it must be signed by the testator or someone directed by them. This signing must be in the presence of at least two competent witnesses who also sign the document.
DIY wills often overlook Michigan-specific rules, due to them typically being formulated as a national template. More often than not, these DIY wills overlook things such as the witness requirement or nuances around handwritten wills. Failing to follow these rules means that a will may be rejected by a probate court, which can ultimately result in the estate being distributed under Michigan’s intestacy laws rather than the decedent’s intended instructions.
Ambiguities and Poor Drafting Lead to Disputes
Poorly drafted DIY wills frequently create confusion during probate, often due to ambiguous language or incomplete provisions. When a will includes unclear beneficiary designations or fails to plan for contingencies like a predeceased heir, it opens the door to conflicting interpretations and resulting litigation to settle these disputes.
Any contradictions within the document, such as inconsistent property allocations, can further complicate matters. These ambiguities often result in disputes, as heirs or interested parties contest the meaning or intent behind the will. The result is a delayed administration process, increased legal costs, and a greater likelihood of family conflict and diminished estate value.
Undue Influence and Capacity Challenges
DIY wills are especially vulnerable to legal challenges involving undue influence or lack of testamentary capacity, largely because they’re often created without legal oversight or impartial witnesses. When a will is drafted privately, family members may question whether the person was mentally competent or if someone exerted pressure to influence the terms, especially if the decedent was an elderly or ill individual. This is especially true if the homemade will significantly departs from earlier wills or disinherits close relatives without clear explanation. These concerns frequently lead to probate litigation, forcing the court to examine intent, capacity, and influence. Oftentimes this is through testimony and expert evidence of rival family members, causing emotional strain, legal expense, and lasting family division that may never be repaired.