Originally published: October 8, 2014 | Last updated: June 30, 2025
Questions like “Is it okay to prepare my own Will using an online Will service?” appear constantly on the internet. The amount of misinformation posted in reply — often by lawyers — is staggering.
To be clear: we are defending interactive online Will services like the one at USLegalWills.com, not blank-form DIY Will kits from office supply stores. Those kits are a disaster. But online Will services are an excellent mid-ground for people who do not want the inconvenience and cost of a lawyer but still need a properly drafted Will.
Here are the 10 most egregious, incorrect warnings we have seen — and the facts that debunk them.
1. “You Must Use a Lawyer”
The claim: In a non-emergency situation, you MUST get your Will written through a lawyer.
The fact: There is nothing written in any legal statute decreeing that a lawyer must be used to create a legal Last Will and Testament. If the document is signed in the presence of two independent adult witnesses, it is a perfectly legal Will. Period.
2. “A Lawyer Will Certify That You Are of Sound Mind”
The claim: By signing the Will in the presence of a lawyer, they will certify that you are of sound mind.
The fact: Lawyers do not receive psychiatric training. In a 20-minute meeting, they are highly unlikely to discern the state of your mind — and they certainly cannot “certify” it. Most challenges to Wills based on the capacity of the testator involve Wills that were written in the presence of a lawyer.
3. “An Online Will Can Be Challenged”
The claim: A Will created online is vulnerable to legal challenges.
The fact: Any Will can be challenged, but there are only five specific legal grounds for a successful challenge:
- The testator lacked testamentary capacity
- The testator was under undue influence or pressure
- The Will was created fraudulently
- The Will was not signed correctly
- No provision was made for dependents
A Will cannot be challenged on the basis that it was created using an online service. If these five grounds are addressed, an online Will is as acceptable to the courts as one created by a lawyer. Learn more: How Can a Will Be Challenged?
4. “It Doesn’t Take Into Account Different State Laws”
The claim: Online services use a one-size-fits-all approach that ignores state-specific laws.
The fact: This is a reasonable claim against blank-form Will kits, but not against interactive online services. Just like tax preparation software, services like USLegalWills.com first ask for your state of residence and then tailor the service to the laws of that jurisdiction. In reality, the most significant variation in estate planning law across states is the handling of assets when a person dies intestate (without a Will).
5. “You Won’t Sign It Correctly”
The claim: Each state has its own particular signing requirements that you will not understand.
The fact: All states require that the document is signed in the presence of two witnesses who have nothing to gain from the contents of the Will. If you do this, the signing requirements of every state in the U.S. have been met. The witnesses cannot be beneficiaries in the Will, nor should they be the spouse of a beneficiary. We also recommend that each page is initialed by you and your witnesses.
6. “You May Miss Something Important”
The claim: Without a lawyer, you will forget critical provisions.
The fact: You are actually less likely to miss something when you use an online Will service. Here is why:
- You can take your time. USLegalWills.com gives you up to one year to make sure the document reflects your wishes. In a 20-minute lawyer meeting, you may forget things.
- The service prompts you. Stepping through an interactive service makes you think about each appointment and decision — digital assets, pets, charitable bequests — things you might not have mentioned to a lawyer.
- Updates are easy and free. If you remember something a week later, you can update immediately without paying additional fees.
7. “You Wouldn’t Take Out Your Own Appendix”
The claim: Writing a Will without a lawyer is comparable to performing surgery on yourself.
The fact: This comparison is nonsensical. Writing your own Will, in most cases, is more straightforward than filing your taxes. Clearly, some complex situations may require legal advice — and we direct people to legal professionals when the circumstances dictate — but most people can prepare a comprehensive Will without paying hundreds of dollars in legal fees.
8. “You Get What You Pay For”
The claim: A cheap online Will cannot be as good as an expensive one from a lawyer.
The fact: People come to us having been quoted up to $1,500 for a Will — more commonly around $800. Some have already paid this and are quoted another $800 for updates. The most telling stories come from people who use our service as a “temporary” Will before a trip or surgery, intending to get a “proper Will” later. They pay the $800 only to find their new lawyer-drafted Will is word-for-word identical to the one they created online. The reason: lawyers use software to prepare Wills, and we use the same software — we just give you direct access.
See our detailed cost comparison: How Much Does a Will Cost?
9. “Everybody Messes These Wills Up”
The claim: Non-lawyers always make mistakes when creating their own Will.
The fact: The vast majority of people create a perfectly well-drafted Will using our service. The well-publicized mistakes with DIY Wills almost always involve blank-form kits — like the case of a senior, Ann Aldrich, who attempted to list all of her assets in a blank form without including a residual beneficiary. This type of mistake is impossible with an interactive online service like USLegalWills.com, because the service guides you through every scenario and ensures nothing is overlooked.
10. “The Courts Do Not Accept an Online Will”
The claim: Probate courts will reject a Will made using an online service.
The fact: A Will created using USLegalWills.com looks exactly the same as one created through a lawyer’s office. When submitted to probate, it is accepted in exactly the same way — as your expression of how you want your estate distributed. Courts evaluate the document itself, not the method used to produce it.
The Bottom Line
It is understandable that people become afraid of the law, but the rules are in place to protect you. The fact that 65% of American adults do not have a Will — even though everybody needs one — shows how effective these scare tactics have been. Do not let misinformation put you off. Prepare your Will today.
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He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets, and has contributed to articles in The New York Times, NY Metro Parents, U.S. News & World Report, and other leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
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