Avoiding Costly Mistakes: Common Pitfalls in Online Wills

In today’s digital age, the convenience of preparing a will online is undeniable. We understand that the ease and accessibility of online services are appealing. With just a few clicks, you can draft a document that promises to protect your estate and ensure your wishes are carried out after your passing. However, while these online services may seem quick and easy, they often lead to serious mistakes that can have costly consequences for your loved ones. At Ament Law Group, P.C., we take the time to ensure your will is done correctly, with the care and attention it deserves.

Despite the convenience of online wills, our attorneys frequently encounter several recurring issues when clients bring us documents they’ve prepared through these services. Below are some of the most common blunders we see—and the reasons why professional guidance is essential.

1. Missing Signatures

One of the most common and critical errors we see in online wills is the absence of required signatures. A will is not legally binding unless it is signed by the testator (the person making the will) and witnessed by at least two individuals. Without these signatures, the will can be easily contested, potentially leaving your estate in limbo.

2. Incorrect Distributions

Online will templates often use generic language that might not accurately reflect your specific wishes. We have seen instances where beneficiaries were either left out or given incorrect shares of the estate because of vague or poorly drafted clauses. This can lead to disputes among family members and potentially costly litigation.

3. Missing Clauses

A will is more than just a list of who gets what. It needs to include critical clauses that address potential issues, such as the appointment of a guardian for minor children, the designation of an executor, and provisions for handling debts and taxes. Many online wills fail to include these essential components, leaving your estate vulnerable to confusion and conflict.

4. Disinherited Family Members

Disinheriting a family member (intentionally or unintentionally) is a sensitive issue that must be handled carefully to avoid challenges. Further, without proper legal guidance it would be very easy to disinherit a grandchild or leave more than intended to family members. Without proper legal guidance, your wishes may not be honored, and your estate could be subject to lengthy and expensive disputes.

5. Notary Errors

While not every will needs to be notarized, having a notary can help avoid disputes about the validity of signatures. We’ve seen errors where online wills were notarized incorrectly or not at all, which can cause significant problems down the road. A properly notarized will adds an extra layer of protection and legitimacy to your document.

6. Missing Signature Affidavits

A self-proving affidavit, which is signed by the witnesses in front of a notary, can simplify the probate process by allowing the will to be admitted without the witnesses having to testify in court. Unfortunately, many online wills omit this important document, leading to unnecessary delays and complications during probate.

Why Professional Will Preparation Matters

At Ament Law Group, P.C., we understand that your will is one of the most important documents you’ll ever create. It’s not just about distributing assets; it’s about ensuring that your loved ones are cared for and that your wishes are carried out exactly as you intend. Sadly, after you pass away, it's your family members who will have to deal with the fallout from an online will. That’s why we take a thoughtful and thorough approach to every will we prepare.

We believe that every client’s situation is unique and deserves personalized attention. Unlike online services that rely on generic templates, we take the time to understand your specific circumstances, goals, and concerns. This allows us to draft a will that truly reflects your wishes and provides for your loved ones in the way you envision.

Our experienced attorneys meticulously review every aspect of your will to ensure it meets all legal requirements and addresses all potential issues. From ensuring proper signatures and witness procedures to including all necessary clauses, we leave nothing to chance. We also make sure that any complex situations, such as disinheriting a family member or establishing a trust, are handled with the appropriate legal language to avoid future disputes.

We know that discussing your will can be an emotional and sensitive process. That’s why we approach every conversation with care and empathy. Our goal is to make you feel comfortable and confident in the decisions you’re making, knowing that your loved ones will be protected, and your legacy will be preserved.

Finally, our thorough approach means that we don’t just prepare a will; we prepare an estate plan that considers all aspects of your life and legacy. Whether it’s coordinating with your financial planner, life insurance agent, accountant, discussing tax implications, or planning for future changes, we ensure that your estate plan is comprehensive and adaptable.

While the convenience of online wills is appealing, the risks they pose far outweigh the benefits. The mistakes we commonly see—missing signatures, incorrect distributions, missing clauses, and more—can lead to significant problems for your loved ones after you’re gone. At Ament Law Group, P.C., we take a caring, thoughtful, and thorough approach to will preparation, ensuring that your wishes are honored, and your estate is protected. Don’t take chances with something as important as your will. Contact us today to get started on creating a comprehensive estate plan tailored to your needs.