How Online Will Tools Can Fall Short

In a world that is becoming increasingly digital and internet reliant, some people may be tempted to explore the world of online will services. After all, the convenience and cost-effectiveness may be compelling selling points for large online will providers. 

Why pay more and take more time to craft your will? Estate planning that meets your needs and accomplishes your goals requires expert assistance that the experienced estate planning attorneys at Rosenblum Law can provide.

This article will shed some light on how online will services stacks up against a hand-crafted will that is carefully tailored by a professional estate planning attorney. 

What is an Online Will Service?

An online will service, as the name implies, is a templatized estate plan that one can fill out online, print, and execute without an attorney. Certain providers allow a customer to pay a flat fee to access the template, and the customer can then fill out the document themselves. 

Some providers take pride in their efficiency and low cost, advertising how quickly an online will can get done. Many services even promote a sub-thirty minute completion time. 

These may seem like compelling advantages, but think of it this way:  What if someone took their car to a mechanic after an accident, and the mechanic said they could fix the car in thirty minutes? This would probably cause some skepticism. Can the car really be safely repaired in such a short amount of time? 

Estate planning should be no different. The appeal of efficiency is strong, especially for something that people are generally hesitant to do. The problem is that a shorter and cheaper process is inherently less thorough, less comprehensive, and ultimately less effective.

Why Get Professional Help?

The reason someone would opt for professional help with their estate plan is because the time taken by an estate planning team reflects the quality of the product the client is getting. A last will and testament or living trust is a complex legal document that should be more than thirty or forty pages. There are a litany of pitfalls and caveats to be mindful of when planning an estate, and avoiding them requires precise attention to detail.

What exactly is at stake here? An estate plan is the way someone conveys how they want their hard-earned assets to be distributed upon passing. For many, these assets include a home, bank accounts, retirement accounts, and other things they have been working their entire life to acquire. Cutting corners when securing those assets is not something we recommend. 

When someone’s will is sent to the probate court, there are a number of factors that will determine how long the probate process is and whether or not the will is ultimately admitted to probate. When a will fails to mention certain provisions or clauses, or is executed improperly, it can greatly slow down or even derail the entire process. As a result, heirs may end up receiving much different treatment than was initially intended. That is why it is best to consult with an estate planning attorney who will take the time necessary to carefully draft a personalized estate plan.

The Estate Planning Process

The estate planning process largely includes:

  • an initial consultation
  • another meeting to clarify any personal information and any particular provisions a client may want in the will
  • a signing ceremony to execute the documents 

Because both New York and New Jersey allow for electronic notarization of documents, if a client prefers, Rosenblum Law can complete this whole process virtually from the comfort of their own home

Disadvantages of Online Will Services

The two biggest drawbacks of online will services are; 1) lack of thoroughness; and 2) vulnerability to a legal challenge. At Rosenblum Law, wills that we draft can easily surpass forty pages in length. Many online will services supply their customers with wills of less than ten pages. What exactly is left out in those other thirty pages? There is no telling specifically, but there are certainly a litany of provisions that will be left out. 

At Rosenblum Law, we include provisions that help to account for special needs of heirs, potential substance abuse issues one may have, additional protection against the creditors of heirs, and a no-contest provision, to name a few. All of the extra tools that comprise the additional pages can be crucial in the proper administration of someone’s estate. There is no telling what the circumstances will be when someone passes. The more thorough an estate plan is, the higher the likelihood that the estate will be administered precisely as it was intended to be.

Online will services may also be more susceptible to legal challenges because they may exclude a no-contest provision, and the execution of the documents may be flawed. States have strict laws about what is required to execute a will. It is very common that two witnesses be required to sign and attest that they saw the testator sign the will, and in many cases it is wise to have the will notarized as well. 

For those who are new to the world of estate planning, it can be easy to overlook these requirements, but failure to comply can easily cause the will to be struck down by the court. If a will gets struck down, then the estate would be distributed in accordance with intestacy laws.

By going to a professional estate planning attorney, someone can rest assured that their estate plan will be properly executed and have a much higher chance of being upheld in  court. What’s more, a thorough estate plan may also include a non-contest provision that can act as a strong deterrent against any interested parties who may look to challenge the will’s validity.

Thoroughness and strength are two of the more important qualities a will can have. Unfortunately, these are perhaps the areas where online will services are the most vulnerable. For the highest chance of creating an effective estate plan, it is recommended that you consult with an estate planning attorney who can help provide you with the strongest estate plan possible.

How Can Rosenblum Law Help?

For those who are enticed by the convenience of an online will service, there is good news:  Creating a lawyer-endorsed estate plan can now be done with the same level of convenience. At the same time, you will receive a higher-quality product with an experienced legal team to back you up. 

From intake through signing, Rosenblum Law can help you accomplish your estate planning goals at your convenience. We carefully craft each forty-plus page estate plan to spell out your wishes while also working to protect these wishes. 

A photo of a woman creating a DIY will online.
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