DIY Online Wills – Good or Bad Idea?

Welcome to the Kazi Law Firm! We are a boutique law firm steeped in Texas tradition personifying the warmth and congeniality consistent with southern hospitality. We believe in preserving integrity and professionalism with true Texan charm, staying true to our roots, while providing essential, affordable legal services to all. Located just north of Dallas, Texas in the rapidly growing suburb of Frisco; the Kazi Law Firm concentrates on contracts drafting and review, immigration law, will & estates, real estate law, landlord, tenant, mediation, and general business law needs.

You would be surprised by how many clients come to us with uncertainty and doubt creeping in after paying for an online DIY Will drafting service. The most common situation is where a client is searching Google for a Wills & Estates attorney in their area and they catch a glimpse of the ad for a DIY, low cost Will preparation service on the sidebar. Wow, it sounds too good to be true! Soon after, clients abandon their search for an attorney and instead start scrolling through the questions for the fill-in-the-blank Wills template. Most clients reach the last page of the questionnaire, pay the incredibly low fee, and presto their Will and final testament is ready to print!

The exhilarating feeling of instant gratification and sense of accomplishment is short-lived, however. Soon after, clients experience trepidation that maybe this DIY Will won’t hold up in probate court after they’ve passed or that their wishes won’t be carried out as they planned. Often, clients second guess themselves and that nagging suspicion that something isn’t quite right (rightfully so), will send them straight into the loving arms of the Kazi Law Firm. Thus, I want to address this popular topic of online, budget, DIY Wills versus the traditional attorney-drafted Will and final testament.

DO-IT-YOURSELF WILLS PROVIDE A FALSE SENSE OF SECURITY:

Online Will drafting services tout their process to be just as good as consulting with an experienced Wills lawyer by displaying numerous customer testimonials whereby each person claims to have achieved “peace of mind.” Despite the barrage of satisfied customer reviews, most DIY websites will include a disclaimer in small font that their document preparation services are not a substitute for the advice of an attorney. Yet their platform strives to convince you that such legal advice is quite frankly not necessary.

Further, online services claim to customize the Will document to a customer’s specific situation and their legal decisions. However, this couldn’t be further from the truth. DIY Wills platforms are not law firms and thus, cannot review your answers for legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation. Consequently, online platforms can only provide general information on legal issues commonly encountered and offer guidance by relying on how the majority of its customers answered questions.

As you may have inferred, the fundamental flaw in this approach is that no two people are in the exact same situation. Every person is unique and thus their legal needs, family composition, and desires or final wishes are just as distinctive. Therefore, if the DIY Will document contains significant legal errors, you’ll never be apprised of them in time. Those mistakes will usually not be disclosed until after you die. To add insult to injury, I believe the worst part of this situation is that the people left to deal with those errors are the ones you drafted your Will to protect in the first place.

DO-IT-YOURSELF-WILLS ARE RISKY:

Remember the age-old adage, “if it sounds too good to be true, it probably is.” Well, there are no truer words applicable to DIY Wills online. The low price, ease of use, and instant gratification all lure customers in without warning them of the numerous pitfalls that could be disastrous for their loved ones. For example, often these websites fail to include a self-proving affidavit. This essential document removes the need to track down witnesses after death to prove up the validity of a Will. Additionally, I have seen common DIY providers fail to include an alternate trustee in the event the named trustee predeceases the testator or is unable or unwilling to serve. Other common mistakes include failing to address the contingency of children predeceasing the testator, or the birth or adoption of an additional child. Many neglect to provide guidance about beneficiary designations on non-probate assets which pass outside the Will or leave out spendthrift clauses, which protect the trust assets from the trust beneficiary’s creditors.

As you can see, attorneys do more than draft a simple document. Some people believe in bargain hunting and are often burned in inconceivable ways. There are some mistakes in life that you can remedy, while others are permanently damaging. Sure, the advice of an attorney costs more, but isn’t your family worth more? Experienced Wills lawyers advise you on the best way to protect your loved ones and preserve and distribute your assets according to your final wishes.

I built my law practice on the premise of being a life raft in a sea of sharks. I want to be an advocate for those that have been wronged and are too intimidated to seek help. My firm is here to explore your options, guide you through your legal journey, and give you that safe space to ask questions! There’s no such thing as a stupid question…Only the ones you don’t ask. So, my question to my clients is not “do you have any questions?” But rather “what questions do you have?”

As always, the Kazi Law Firm is standing by to help you in your time of need. Don’t hesitate to contact us today. We specialize in real estate law, landlord-tenant disputes, immigration, and wills & estate planning. Family is at the core of our practice. Just as we treat our family with respect and understanding, we treat yours. Come join the Kazi Law Firm family today!

Why swim alone in shark-infested waters when you don’t need to?