DIY wills: Why some choose them and where they can go wrong

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When it comes to wills, individuals may have a range of reasons for drafting documents themselves or using software-based services. One of the most common reasons is cost control. While attorney-drafted wills can range from $500-$2,000 depending on geography and complexity, DIY wills typically cost between $0-$200.

Other reasons may include speed and convenience, a desire for privacy when handling sensitive family matters, and accessibility, particularly for those who reside in rural areas with limited access to services.

Experts weigh in on the practice, outlining common pitfalls that may occur when a “do-it-yourself” approach is taken.

User error

Meredith Hill, founder and principal attorney at the Hill Law Group in Bethesda, said that while DIY wills may indeed hold up in court, user error can be a common problem.

“Sometimes witnesses sign in the wrong spot, or name themselves as sole beneficiaries when others should be listed,” Hill said.

RELATED: Top estate planning risks: Inattention and outdated plans

Alexis Burrell Rohde, president of the Register of Wills Association, agrees. Her office encounters wills with vague or generic language, such as leaving assets “to my children,” that fails to account for complex family structures.

“This doesn’t take into account whether or not there are stepchildren involved, or what is known as fictive kin living with the decedent,” Rohde said. Hill added that fictive kin can include adopted children, nieces or nephews raised as children, grandchildren, or others.

Rohde also notes that in Maryland, two witnesses are required for a will to be valid. “Lay people sometimes think wills need a notary only,” she said. “We see documents with a notary and no other witnesses, or only one witness, or even a handwritten letter with no witness at all,” she said.

Another frequent oversight is the absence of a residuary clause, which governs any assets not specifically named in the will.

“Without it, part of the estate is treated as though no will exists. As a result, state law, not the will, decides who receives the remaining property, and it may go to people the person never intended to benefit,” Rohde said.

Byron Macfarlane, Register of Wills for Howard County, also points out that wills must not be physically altered after execution.

“That means no notes, scratch-outs, or any other physical changes or the will could land in Maryland’s Orphans’ Courts, which often throw out wills for minor defects,” he said. To make changes, Macfarlane advises revoking the old one entirely and drafting a new one, or executing a “codicil” that amends your will and has the same signature and witness requirements as the original.

RELATED: MD Trust Act enhances protections for revocable and irrevocable trusts

The human element

Hill emphasizes that often family dynamics come into play and complicate matters in ways that software and even artificial intelligence cannot fully address.

“We uncover quite a bit in our initial consultations,” said Hill, adding that people are still seeking out the assistance of a lawyer to help guide them through the process. She cautions that skipping professional guidance can ultimately be a disservice.

“It’s like programming an AI robot to perform your surgery rather than a trained surgeon,” Hill said.

RELATED: Blended families and the challenges of asset distribution

Reaching out for assistance

Brenda Conaway, Register of Wills for Baltimore City, said her office actively conducts outreach to educate residents on the importance of having a valid will.

“If finances are problematic, there are organizations that can help,” Conaway said, citing Saint Ambrose Housing Aid Center, Senior Legal Services, Maryland Volunteer Lawyers Service and GEDCO. Some programs are free and others operate on a sliding scale.

Conaway also notes that Maryland allows vehicle owners to designate what’s called a “transfer-on-death” beneficiary directly on a vehicle title through the Maryland Motor Vehicle Administration.

Last word

While DIY wills offer an affordable entry point into estate planning, experts caution that small mistakes can result in big consequences. For those with complex family relationships, or significant assets, professional, or at least informed assistance, may help ensure that final wishes are carried out as intended.