When it comes to writing a will, people have two routes to choose from — to draft the will themselves or to ask a lawyer to help them make the will. While hiring a lawyer to prepare a will costs money, it is an important protection of your wishes regarding the distribution of your estate once you are no more.
Here is a look at why it is best to seek a lawyer's help when making your will.
They will ensure your true wishes are stated in your will.
While you may know who should receive a share of your property and life savings, you might lack the knowledge and expertise needed to jot down everything in a manner that states your exact wishes. Most laymen are not well-versed with wills and probate jargon, hence they end up writing a will that does not reflect their true desires. This often makes it difficult for probate judges to determine what they wished for in case the will ends up being contested in a court of law.
By hiring a wills and probate lawyer to write your will, you'll have a legal expert to help you decipher the intricacies of the will-writing process. Your lawyer will seek to understand what your true wishes are and help you write a will that communicates those wishes without leading to ambiguities.
They will ensure all legal requirements are fulfilled.
Will-writing is a process that must be carried out in accordance with the laws of the land. If any legal requirement is not met when a will is being prepared, the document will be considered to be invalid.
As a do-it-yourselfer, you might not be sufficiently conversant with the state and territorial laws that govern the preparation of wills. Mistakes such as not including witnesses or failing to appoint the executor of your will can invalidate your DIYer will, so it is prudent to let a lawyer draft your will.
They will attest to your testamentary capacity.
Lack of mental capacity by the testator is one of the most common reasons that many people use to challenge a DIYer will. When you seek a lawyer's help when making your will, they can make notes on your mental soundness to prove that you are mentally capable to write a will.
While seeking a wills and probate lawyer's help when writing your will is optional, you should never take any chances when it comes to something of utmost importance like your estate. Therefore, play safe by seeking assistance from a lawyer.