The six most common errors in a do it yourself Will.

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.

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The holographic 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.holographic will

The trouble is, States vary significantly in their acceptance of a holographic Will. Continue reading