When creating an estate plan, you may wonder: Do you need a lawyer to make a will? Not necessarily. Individuals can generally create their own wills, but the document must comply with applicable state law to be legally valid. Because requirements vary by state and individual circumstances, a lawyer can provide useful guidance when preparing a will and throughout the broader estate planning process.
What Makes a Will Legally Valid?
There is no single national standard or federal law governing the creation of wills. Instead, state laws determine the requirements a will must meet to be considered valid.
The American College of Trust and Estate Counsel explains that individuals can generally write their own will. However, the validity of the document depends on whether it complies with applicable state law.
Requirements can vary significantly. Depending on the jurisdiction, there may be rules concerning how a will is prepared, signed, witnessed or notarized. Understanding the requirements that apply where you live is therefore an important part of creating a valid will.
What Can a Will Include?
A will is a foundational part of estate planning that directs how certain assets should be distributed after death. It may address real estate, family heirlooms, money and other property and identify intended recipients.
The decisions made in a will can involve property of significant financial or personal value. A properly prepared will can also provide important direction during the administration of an estate and clarify a person's wishes for surviving family members.
How Can a Lawyer Help with a Will?
Although hiring a lawyer is not necessarily required to create a will, an experienced lawyer in the Trusts and Estates practice area can provide guidance based on applicable laws and an individual's circumstances.
A lawyer can help determine whether a will meets relevant state requirements and identify estate planning considerations that may not be obvious when preparing one independently.
For example, certain assets may be distributed according to beneficiary designations rather than instructions in a will. There may also be additional considerations when property is intended for minor children. Depending on the circumstances, a lawyer may recommend other estate planning tools, such as a trust, to address those needs.
Legal guidance can also extend beyond the will itself. Creating a will is one part of a broader estate plan that may involve trusts, tax planning and other considerations related to the administration and distribution of an estate.
Making the Right Choice for Your Estate Plan
Ultimately, you do not necessarily need a lawyer to make a will. However, legal counsel can help you navigate state requirements, address more complex estate planning considerations, and determine whether additional planning tools may be appropriate.
If you choose to work with legal counsel, find a Trusts and Estates lawyer recognized by Best Lawyers®.
