Why You Should Have A Professional Write Your Will

Your Last Will and Testament is an important document that your loved ones will have to handle upon your passing.  It’s not uncommon for me to meet with clients struggling with tensions from poorly written wills. You should be sure, for their sake and your own, that your will is put together well and up to date. My clients often think of writing wills around important events, such as having a baby, entering retirement, or when their children go to college, but everyone should have an up-to-date will written by an attorney.  The last thing you want to happen is for your heirs to find out the discount will you purchased online gave poor directions and the will you left is invalid.

The Current Law

Do you know the current changing landscape of Massachusetts probate law?

Massachusetts probate law (laws effecting inheritance) have had two major overhauls recently: first with the passage of MUPC (Massachusetts Uniform Probate Code) effective March 31, 2012 and then with MUTC (Massachusetts Uniform Trust Code) effective July 8, 2012.  Many of the changes in the new laws will be different then what has traditionally been law in Massachusetts.

A Will Must Be Free of Errors

If a mistake is made in your will or if the language is not plain and clear regarding your wishes, you will not be around to clarify yourself or make corrections. Having a professional guide you through this process will correct these common mistakes:

• Not letting loved ones know where the will is kept
• Forgetting to update your will, especially after a major life change
• Improperly adding to your will, potentially nullifying the entire document
• Forgetting to sign the will

Your Assumptions for Writing a Will Are Likely Incorrect

If you choose to write your own will, you will likely use many false assumptions that could endanger the validity of your will.  Some examples are:

• If you will property to a friend or relative today, what happens if that property is not there when your will is executed?
• If you will property to an heir, what happens if you outlive that heir?
• If you outlive your children or one of your children, what happens?
• If you leave your family home, who is responsible for the expenses of keeping up the property?

This is a brief list that could go on.  An attorney trained in drafting a will is able to anticipate and answer these questions and guide you through the process.

Unclear Language Used in a Will May Cause Confusion

Even if you spend a lot of time on your DIY will, it is likely to have unclear language.  An attorney will use standard language used by judges, clerks, and understood in the court system.  Attorneys have been trained in the proper way to draft a will, and what specific phrases accomplish a particular goal.

Wills Are Complicated Instruments

Online DIY wills do not adequately consider the planning implications of the variety of family structures and scenarios prevalent today. Any number of these scenarios call for different planning strategies:

• Multiple Children
• Adult Children and Grandchildren
• Divorce
• Remarriage
• Putting your home in a trust
• Children with special needs

Massachusetts Has Strict Will Signing Requirements

Your handwritten will or a will executed without the proper signatures is invalid.  In fact, there are many necessities in a will signing ceremony that must all happen in order to have a valid will.

For the relatively low cost of having a will executed by a professional, it is well worth the sparing your loved ones any headaches upon your passing.