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In recent years, the rise of online will-making applications has made estate planning seem more accessible than ever. While these platforms may offer a convenient and inexpensive way to create a will, they come with significant risks that can lead to unintended consequences. Here’s why relying solely on these applications is not advisable and why personal legal guidance is essential.

Lack of Personalization

One of the primary drawbacks of online will-making tools is their one-size-fits-all approach. Every individual and family has unique circumstances that require tailored solutions. Online applications often fail to address specific needs, such as:

• Family Dynamics: Complex family structures, including blended families or children from previous marriages, may not be adequately represented.
• Special Needs: If you have dependents with special needs, additional provisions are often necessary to ensure their long-term care.

Variability in State Laws

Estate planning laws vary significantly from state to state. What is permissible in one jurisdiction may be invalid or ineffective in another. Here are a few key areas where state laws differ:

• Witness Requirements: Some states require wills to be signed in the presence of witnesses, while others may allow for handwritten (holographic) wills without witnesses. An online application may not comply with your state’s requirements.
• Executor Designation: States have different rules regarding who can serve as an executor of your estate. Online tools may not consider your state’s specific regulations, potentially leading to complications in the probate process.
• Homestead and Community Property Laws: In community property states, for example, property ownership rules differ significantly from other states. Online applications may not account for these distinctions, potentially causing disputes among heirs.

Potential for Errors

While many online platforms offer user-friendly interfaces, they cannot replace the expertise of a qualified estate planning attorney. Mistakes made during the will-drafting process can have serious repercussions, including:

• Ambiguities: Vague language or poorly defined terms in your will can lead to disputes among beneficiaries.
• Omissions: Failing to include certain assets or failing to update your will after a significant life event (like marriage, divorce or death of beneficiary) can render your will ineffective.

Lack of Comprehensive Planning

A will is just one piece of the estate planning puzzle. Effective estate planning involves considering a range of documents and strategies, such as:

• Trusts: A trust can help manage your assets during your lifetime and dictate how they should be distributed after your passing.
• Powers of Attorney: Designating someone to make financial or medical decisions on your behalf in the event of incapacity is essential and cannot be accomplished through a basic will.
• Beneficiary Designations: Avoid probate through naming beneficiaries on accounts.

Online applications typically do not provide the comprehensive planning necessary to address all aspects of your estate.

No Legal Advice

One of the most significant risks of using online will-making applications is the lack of legal counsel. Estate planning attorneys provide valuable insights and guidance, ensuring your documents comply with the law and accurately reflect your wishes. Without this expertise, you may unknowingly create documents that are flawed or unenforceable.

Risk of Invalidation

In the event of a dispute or if your will is challenged, a will created through an online application may be more susceptible to being declared invalid. Courts may scrutinize such documents more closely due to their generic nature and lack of legal oversight.

If you would like to schedule a consultation to talk about creating or updating your estate planning, please feel free to contact our estate planning attorneys, Daniel S. Williford at dwilliford@mccmlaw.com or call him at 585-512-3511; or  Spencer C. Malone at smalone@mccmlaw.com or call him at 585-512-3550; or Michael F. McConville at mmconville@mccmlaw.com or call him at 585-512-3517.