DIY Will: How to Write a Will Without a Lawyer | Trust & Will (2024)

To say Estate Planning is important is a huge understatement. Because it’s not just important. We’d actually argue it’s one of the single most important things you’ll do in life. Your Estate Plan will protect you, your loved ones and the legacy you’ve worked your entire life building.

But a lot of people feel overwhelmed at the thought of creating a comprehensive, complete Estate Plan. That’s where we come in. Let us help you, because all you really need to do is commit to getting started. And if you aren’t sure how to do that, we suggest starting with a Will. It’s simple, effective and won’t take you more than 15 minutes to complete.

Keep reading to learn how easy it actually is to write your own DIY Will with an online Estate Planning platform like Trust & Will. You'll learn:

  • Are Online Wills Legitimate?

  • Best Online Will Maker

How To Write a Will in 7 Steps

Writing your own Will is a relatively simple process. There are some things you need to make sure you do, but generally you just have to follow a few basic steps and you’ll essentially have a DIY Will template that’s going to cover all your bases and ensure your estate, family and loved ones are covered, both now and in the future.

  1. Create the document - If you’re using an online will service like Trust & Will, you’ll start by selecting the product you want to build, in this case, a Will.

  2. Name an Executor and beneficiaries - Selecting an Executor is important. He or she will be charged with ensuring your wishes are honored, and will oversee the settling of your estate. They will communicate regularly with any beneficiaries who you leave assets or property to, and they’ll eventually handle the distribution of assets.Identifying your beneficiaries is necessary so that your estate will be properly divided up amongst your heirs and loved ones, per your direction or wishes.

  3. Appoint a guardian - If you have children or any dependents you care for, you want to legally name a guardian to care for them in the event you’re no longer able to do so on your own. Guardianship can be the one piece of an estate that fosters the most contention, as there may be multiple people in your life who feel they’re best-suited to take over the role of caretaker. While it’s nice to know that many people may want to protect your children, if you want someone specific to have that honor, you should identify them so there’s no confusion or question.

  4. Organize your assets - Organizing your assets will make it easier for you to list them in your Estate Planning documents, which will in turn make things easier for your Executor. Things to think about could include:

    • Property (real and personal)

    • Cash - checking and savings accounts

    • Any form of business ownership

    • Royalties, copyrights, patents

    • Stocks, mutual funds, bonds, other forms of business ownership

    • Possessions

    • Etc.

  5. Sign your Will in front of witnesses (and notarize if necessary) - Be sure to sign your Will in a manner that’s acceptable to your state, in front of the appropriate number of witnesses. Find out if your state requires Wills be notarized, and if necessary, see a Notary. ***It’s worth noting that unlike many of the other online Estate Planning platforms out there, Trust & Will has state-specific forms that are developed by knowledgeable attorneys and experts in Estate Planning - so you can trust you’re creating the right document for your state.

  6. Store your Will - Store your Will in a safe place and tell anyone who would need to know where it’s located. Many people opt for a safety deposit box to store their Estate Plans, but be forewarned this can be complicated, as gaining entry may be difficult for your family after you pass away. A fireproof safe is ideal, as is the newer concept of a Legacy Drawer.

  7. Revisit your Will regularly - Be sure to review your Will any time you have a major life event like a birth, death, marriage or divorce in the family. If you have no major events over the course of several years, a good rule of thumb is to revisit Estate Planning documents every three to five years.

Looking for more in-depth information about Wills? Check out our What is a Will guide for a deeper breakdown of Wills.

Can You Write a Will Without a Lawyer?

In short, yes, you can create a Will without a lawyer. In fact, knowing how to write a Will without a lawyer is as easy as simply following the above steps - you can make your Will without ever having to consult a lawyer, saving you a lot of time and money.

Are Online Wills Legitimate?

If they’re complete, then yes, online Wills should be legitimate. However, it’s important to note the difference between an online DIY Will kit (one-size-fits-all templates that you download and fill out on your own), and an online Estate Planning platform, like Trust & Will. Even if you decide to use the more-trusted way (an online platform), keep in mind that all platforms are not all created equally.

DIY Will Pros and Cons

Considering a DIY Will? Review the pros and cons before making your decision.

Pros of DIY Wills:

  • Can be written quickly

  • Save money

  • Ideal for small estates that may not warrant legal counsel

  • May be an easy route if no minor children

  • Work well in “simple” family dynamics - IE, no remarriages or divorces

Cons of DIY Wills:

  • If anyone contests your DIY Will after you pass away, the time and money you originally saved could end up being spent as the probate process drags out

  • Some DIY kits can have traps - for example, large sections of blank spaces could result in fraud

  • There is the potential for misunderstanding language in a generic DIY Will template that you might find somewhere for free. This could lead to inadvertent errors or misses

Best Online Will Maker

It’s true; there are many options out there for you to choose from when you’re trying to figure out what is the best online Will service, and we admit...we’re a bit biased. But let us share why we think (know) Trust & Will is superior.

Our online Estate Planning documents were all created by lawyers, so you can be confident you’re preparing a plan that will hold up in court. And if you need help? Our customer support is unparalleled - Just ask any one of our happy customers. We’ve got a 4.9/5 star rating, from more than 1,000 customers on Trustpilot!

Our driving mission is to create affordable, legitimate, concrete Estate Plans for anyone who needs them. We’re pretty proud of what we’ve been able to do, and we think you’ll see why the moment you start your Estate Plan with us!

If you’re ready to write your DIY Will, or if you need to update an existing Will or Estate Plan, there’s no time like today to get started. Creating your Will with a trusted online platform like Trust & Will is the perfect way to take that first step.

We combine the ease of a DIY Will but are as legitimate as working with a lawyer. So if you’re ready to safeguard your future today so that you can worry less tomorrow, Get started by creating your Will Online with Trust & Will!

DIY Will: How to Write a Will Without a Lawyer | Trust & Will (2024)

FAQs

How to write a simple will at home? ›

What is a simple will?
  1. State that the document is your will and reflects your final wishes. ...
  2. Name the people you want to inherit your property after you die. ...
  3. Choose someone to carry out the wishes in your will. ...
  4. Name guardians to care for your minor children or pets, if you have them.
  5. Sign your will in front of witnesses.
Feb 19, 2024

What is the simplest form of a will? ›

A will is a document that approves you to designate how your property and property are allotted upon your death. The easiest structure of a will is a “holographic” or handwritten will, which does not require witnesses or lawyers. A holographic will be written absolutely in the testator's personal handwriting.

What is an example of a very simple will? ›

For example, you might write, "I leave all real property to my spouse, [full name, current address]. To my son, [full name, current address], I leave my music instruments and recordings. To my daughter, [full name, current address], I leave my vehicles.

What are the 7 steps of preparing a will? ›

7 doable steps to help you create a will
  1. List all your assets. These might include: ...
  2. Decide who benefits from your estate when you die. ...
  3. Choose guardians for minor children. ...
  4. Name an executor for your will. ...
  5. Create your own will or work with a professional. ...
  6. Make your will official. ...
  7. Update your will as needed.
Jun 4, 2024

How many pages is a simple will? ›

A well written Last Will and Testament is usually at least four or five pages long. Many of the clauses in a Will explain the limits of powers granted to the Executor.

What is the correct wording for a will? ›

I, ________________________, a resident in the City of ____________________, County of ____________________, State of ____________________, being of sound mind, not acting under duress or undue influence, and fully understanding the nature and extent of all my property and of this disposition thereof, hereby make, ...

What is the rule of will? ›

The testator, or person making the will, must be at least 18 years old and of sound mind. The will must be in writing, signed by the testator or by someone else at the testator's direction and in their presence. It must also be signed by at least two witnesses. The will must be notarized.

What is the best form of will? ›

Simple wills are the most popular type of will in estate planning. Because simple wills appoint an executor and outline the distribution of assets, they fulfill your basic estate planning needs. Unlike other types of wills, they are easier to write and understand.

Is FreeWill legit? ›

FreeWill offers the same legally-binding estate planning documents as Trust & Will in all 50 states, but because we partner with nonprofits, our documents are completely free for users.

What is the first sentence in a will? ›

"I, Tess Tatrix, residing at 1 Wilthereza Way, any town, any state, declare this to be my Will, and I revoke any and all wills and codicils I previously made." The opening sentence should clarify that this document intends to be your will. It should provide: Your name.

How do you write a will leaving everything to one person? ›

If you choose to leave all the property you own as a whole, you won't need to list each item separately when making your will. You can name any combination of people to receive your entire estate--one person or a group of people (or organizations).

What's the easiest way to draw up a will? ›

What is the simplest way to make a will? The easiest way to write a last will and testament is to put your final wishes, including beneficiaries, assets, and legal guardians for minors, etc., on paper and have the document witnessed, usually by at least two witnesses, and notarized.

What is the best site to create a will? ›

Nolo's Quicken WillMaker: Best all-inclusive

Nolo's services are among the most comprehensive on the market. Its Quicken WillMaker offers over 35 state-specific estate planning documents in one place, available online or as a software download.

What are the main rules of writing a will? ›

To be recognized as valid by the probate court, a will:
  • Must be in writing. Neither oral nor handwritten wills are recognized as valid in Minnesota or Florida.
  • Must be written by a competent person. ...
  • Must be signed by the testator. ...
  • Must be signed by two witnesses. ...
  • Can be revoked or modified.

Are DIY wills a good idea? ›

Pros of DIY Wills:

Can be written quickly. Save money. Ideal for small estates that may not warrant legal counsel. May be an easy route if no minor children.

What is the difference between a will and a simple will? ›

The main difference between a simple will and a regular will is the complexity. Simple wills are relatively easy to create online and only name an executor, list assets and beneficiaries, and describe how to distribute them. They are generally best for distributing personal belongings and small amounts of money.

Are online wills a good idea? ›

While an online will is a viable option for most people, the following circ*mstances might be better handled with the help of an attorney: Complex financial situation (for example, large amounts of debt) Complicated family structure (for example, questions of disinheritance)

How do you write the beginning of a will? ›

In the introductory clause, you will identify the city where you live, as well as the county and state in which that city is located. The city you write into the introductory clause will be the city where you reside as of the date that your simple will is executed.

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