Do I Need a Lawyer to Make a Will?

A will is a legal document and an important one at that. So, if you are going to have an effective, fair and properly drafted will it makes sense to hire a lawyer to help with making one. At least, that is what you might think if you are about to get your affairs together by crafting a will. Next to having the right life insurance policy in place, or the correct estate plans acquired, having a proper will in place will help your loved ones during a difficult time.

Requirements for a Valid Will

Deciding to make a will is a sound choice. If you were to die without one and you have even a small estate, it could create big problems for your surviving family members. Even if it comes down to which child gets to own that precious rocking chair of yours, family rifts can occur if your intentions were not stated clearly or were misinterpreted by grieving loved ones. In some cases, dying without a will means your estate no matter what its size gets settled for your family by local government authorities.

That can be an even worse fate for your family as your estate must be probated by a court. As such, you know that having a will is the best way to declare your final wishes which not only may keep the peace for your family, but can affect your local community as well. For those who wish to leave something behind by donating to a valued charity or cause, a will leaves no question as to where you wanted everything you owned to go.

So, the only way to make sure your desires are clearly stated in a will is to have it drafted by a lawyer. Or, at least that is what you may believe. For a will to be valid it basically needs to state that you are of sound mind and body and go on to indicate where you want your belongings to go. As long as the document is signed in your handwriting, it is a valid will. It does not need to be recorded in a County Clerk's office or filed with a court.

If you die and a handwritten will is found, it can be honored and followed as you specified in it. However, even for smaller estates that include modest real estate, cash savings, and some family heirlooms a handcrafted will can still present problems. This is because you may not understand various tax ramifications for certain things you bequeath to loved ones. Perhaps there is more money in an account left to a cousin than you remembered and your handwritten will inadvertently creates a windfall for that cousin that comes with a hefty tax they find anything but thoughtful.

Low Cost Will Options

If the idea of hiring a lawyer to draft a will sounds too expensive, there are other options for making a will that will be better than drafting one on your own. There are legal forms you can purchase in an office supply store which offer guidelines to allow for creating a will that can hold up legally. However, often these are too general to apply to an estate's specific needs.

Paralegal services can also draft wills for a fraction of the cost of a lawyer. You do not need a lawyer to make a valid will. But, you will want to consider whether to do without one as many estates of all sizes have specific complex tax issues involved best left in the hands of a knowledgeable lawyer.

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