E325 Do You Need a Lawyer to Make a Will?

<p>Our Solo Agers friends often ask this when they’re ready to name me executor in their will. We support well-done <a href= "https://anthonyspark.com/e187-3-best-free-diy-will-software/">DIY wills</a> and anything that helps <a href= "https://anthonyspark.com/e321-the-frictionless-solo-ager-estate-plan/"> make your plan as frictionless</a> as possible. Some kind of plan is almost always better than no plan!</p> <p>So, do you need a lawyer to make a will? No, we’re not aware of any state that requires a lawyer to make your will. We do nonetheless recommend that our Solo Agers at least hire a lawyer to supervise the signing. Here’s why:</p> <h2>Signing ceremony technicalities</h2> <p><img class="aligncenter size-medium wp-image-44256" src= "https://anthonyspark.com/wp-content/uploads/2023/06/Signing-ceremony-technicalities-300x169.jpg" alt="Signing ceremony technicalities" width="300" height= "169" /></p> <p>A signing ceremony sounds like a long, drawn-out event, but it could last as little as 15 minutes. Still, there are many technicalities to follow, or else the will may be invalid.</p> <p>Just a few examples, the person making the will (the testator) has to make a proper declaration in the will. The pages of the will must also be stapled together, or else there is a potential for page-swapping. Lastly, to demonstrate that the testator is competent to sign a will, lawyers often chit-chat about current events with the testator. If testimony is ever needed to prove that the testator is competent, then the witnesses can refer back to that conversation.</p> <p>If any of the technicalities go wrong, then the will may be invalid. Yes, DIY services provide detailed instructions for drafting your will, but most people don’t follow instructions to a T (or even read the instructions). It’s easy to miss a step and invalidate the whole will.</p> <p>It’s much easier to get an experienced attorney to supervise the signing. It’s also cheaper than hiring an attorney to draft your entire estate plan.</p> <h2>Lawyer-supervised pr