Every once in a while a news article appears that describes how a person made a mistake when preparing a “do it yourself Will”. The legal profession often latch onto these articles as a warning for anybody thinking of preparing their own do it yourself Will, suggesting that if the person in the article made a mistake, it follows that you should probably seek legal advice.
Clearly people make mistakes. Even lawyers make mistakes when preparing Wills, like this one who had a couple accidentally sign each other’s Wills. However, it would be disingenuous to use this example as a cautionary tale, and suggest that you should avoid using a lawyer because they always get things wrong.
So I have gathered up some recent news articles, and looked at some of our own support questions and listed the six most common mistakes people make when preparing a do it yourself Will.
I heard that if I write my own Will out in my own handwriting, I do not need to have it witnessed, is this true?
If a Will is written entirely in your own handwriting, some States do not require that Will to be witnessed. This is known as a holographic Will or holograph Will.
The trouble is, States vary significantly in their acceptance of a holographic Will. Continue reading