The Hive Law - Estate Planning - Wills - Trusts

Can I Write My Own Will And Have It Notarized? (Know If It’s Legal)

Can I Write My Own Will And Have It Notarized - Can You Just Write A Will And Get It Notarized

Can I write my own will and have it notarized? 

In this article, you’ll learn about:

  • laws regarding DIY wills
  • how to make a will valid
  • what happens if your will is not valid
  • common mistakes people make with handwritten wills
  • pros and cons to writing your own will
  • where to get your will notarized 
  • important clauses you need to have in your will

Let’s dig in. 

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Can I Write My Own Will And Have It Notarized?

Yes, you can write your own will and have it notarized. 

There are a few things you should keep in mind:

  • Legal Requirements: The laws regarding wills vary from state to state. Do research to ensure that your will meets all the legal requirements in your state. This will help to make sure your will is legally valid.
  • Clarity and Specificity: Your will should be clear and specific about your wishes. And it should be easy to understand. It’s important to avoid any ambiguities or confusion. These could lead to legal disputes among your heirs.
  • Witnesses: Most states require that a will be witnessed by at least two people who are not beneficiaries and are present when the will is signed.
  • Notarization: Having your will notarized provides assurance that it is authentic and was signed voluntarily.

What To Look Out For

When writing your own will, it’s important to:

  • be aware of some potential pitfalls
  • ensure that the will reflects your wishes and is legally valid 

Here are some things to look out for when writing your own will:

  • Legal Requirements: Your will is signed, dated, and witnessed by two unrelated people.
  • Clarity: Ensure that the language and instructions in your will are clear and unambiguous. This prevents confusion or disputes among your heirs. And it can ensure that your wishes are accurately reflected in the will.
  • Completeness: Your will should address all the relevant legal issues and contingencies that may arise. This may include naming an executor, identifying beneficiaries, and providing instructions for the distribution of your assets. It’s important to carefully consider all of these issues and to ensure that your will covers them.
  • Assets: Make sure you include all your assets in the will. And be specific on how you want them distributed. It’s important to note that certain assets may not be subject to the instructions in your will. For example, jointly owned property and assets held in trusts or retirement accounts.
  • Updating: It’s important to update your will regularly to reflect any changes in your circumstances or wishes. This includes if you get married, have children, acquire new assets, or experience other significant life changes.

Pros Of Writing Your Own Will And Having It Notarized

Writing your own will and having it notarized has some potential advantages. 

Here are some of the pros of writing your own will and having it notarized:

  • Cost: Writing your own will can save you money compared to hiring an attorney to draft one for you. And notarization fees are typically modest. So, you may be able to create and notarize a will for a fraction of the cost.
  • Convenience: Writing your own will can be a convenient option. You can work on it at your own pace and on your own schedule. You don’t need to coordinate with an attorney to set up meetings. And you can make changes to the document as needed.
  • Time Savings: Writing your own will and having it notarized may be faster than hiring an attorney. This can be especially true if your estate is relatively simple. And if you don’t have a lot of assets or heirs to consider.

Writing your own will does come with some potential risks.

There is the possibility of the document getting challenged in court.

Let’s say that you have:

  • a complex estate
  • significant assets
  • unique family circumstances

It may be advisable to consult with an attorney to ensure that your will:

  • is legally valid 
  • accurately reflects your wishes

Cons Of Writing Your Own Will And Having It Notarized

Writing your own will and having it notarized has some potential disadvantages. 

Here are some of the cons of writing your own will and having it notarized:

  • Legal validity: If a self-written will does not meet the legal requirements of your state, it may be invalid. This could lead to legal challenges or disputes among your heirs. And your assets may not be distributed according to your wishes.
  • Technical Language: Legal documents like wills often include technical language and legal terms. These may be difficult for someone without legal training to understand. This could result in a will that is unclear or that does not accurately reflect your intentions.
  • Incomplete or Inadequate Instructions: A self-written will may not address all the relevant legal issues. Or it may not cover all potential contingencies. This could lead to confusion or disputes among your heirs. And it may delay the distribution of your assets.
  • Lack of Professional Advice: A self-written will does not provide you with the benefit of professional legal advice. An attorney can help you identify potential issues, ensure that the will is legally valid, and provide guidance on tax and other legal implications.
  • Risk of Disputes or Challenges: A self-written will is more likely to be challenged or disputed by heirs or other interested parties. This could lead to legal proceedings and may delay the distribution of your assets.

It is possible to write your own will and have it notarized. 

But it is important to carefully:

  • consider the potential drawbacks 
  • weigh the drawbacks against the potential advantages

What Makes A Will Legally Valid?

A will outlines how a person’s estate should get distributed after their death. 

To be legally valid, a will must meet certain requirements. 

Here are some general guidelines for what makes a will legally valid:

  • Testator Capacity: The person making the will (the “testator”) must be of sound mind and legal age to create a will. This means they must understand what a will is, what their assets are, and how they want to distribute them.
  • Testamentary Intent: The testator must have the intent to create a will and make decisions about the distribution of their assets.
  • Proper Execution: The will must be in writing, signed by the testator (or by a power of attorney at their direction). And witnessed by at least two witnesses who are present at the time of the signing. Some states may also require extra formalities, such as notarization.
  • No Undue Influence: The testator must not be unduly influenced or coerced by someone else into making decisions about their will that they would not have made on their own.
  • No Fraud or Duress: The will must not be the result of fraud, deceit, or duress, and the testator must sign the will voluntarily and without undue pressure.
  • No Conflicts: The will must not conflict with any prior wills or legal agreements. And the testator must have the authority to dispose of the property as they are doing.

The laws on wills and their validity vary depending on:

  • the state you live in
  • the specific circumstances of each case

Let’s say you are unsure about the legal requirements for creating a valid will. 

It is always a good idea to seek the advice of an estate planning attorney. 

Following the legal requirements for creating a valid will ensures that:

  • your final wishes get carried out
  • your loved ones get  taken care of after your passing

What Happens If Your Will Is Not Valid?

If your will is not valid, the distribution of your assets:

  • may not reflect your wishes 
  • may not be carried out as you intended 

Here are some potential consequences if your will is not valid:

  • Intestacy Laws: If your will is not valid, your estate may be distributed according to the laws of intestacy in your state. These laws provide a default distribution scheme for individuals who die without a valid will. However, this distribution scheme may not reflect your wishes. And it may not benefit the people or causes you intended to support.
  • Legal Challenges: If your will is not valid, it may be challenged by heirs or other interested parties. This could lead to legal proceedings, which can be costly and time-consuming, and may delay the distribution of your assets.
  • Disputes Among Heirs: If your will is not valid, your heirs may dispute the distribution of your assets. This can lead to disagreements and strained relationships among family members and may result in legal challenges.
  • Unintended Consequences: If your will is not valid, it may result in unintended consequences. For example, you may have named an executor who is not legally allowed to serve. Or you may have left assets to a beneficiary who is ineligible to receive them.
  • Taxes: If your will is not valid, your estate may not be structured in a tax-efficient manner. This could result in increased tax liability for your heirs. And a reduction in the number of assets that are ultimately distributed to them.

Where To Get My Will Notarized

If you have written your own will and need to have it notarized, there are several places where you can go to get it done. Here are a few options:

  • Banks: Many banks have notary publics on staff who can notarize documents. Let’s say you have a personal account with a bank. Check with them to see if they offer notary services and what their fees are.
  • UPS Stores and Other Shipping Centers: Some UPS Stores and other shipping centers have notary publics on staff. They can notarize documents for a fee. You can check with your local store to see if they offer notary services and what their fees are.
  • County Clerk’s Office: Many county clerk’s offices have notary publics on staff. They can notarize documents for a fee. You can check with your local county clerk’s office to see if they offer notary services and what their fees are.
  • Mobile Notary Services: Let’s say you are unable to leave your home or office to have your will notarized. You can hire a mobile notary public to come to you. These services may charge an additional fee for travel time and expenses. But they can be a convenient option if you are unable to leave your location.

Note that notaries can only witness the signing of legal documents. 

They cannot provide legal advice or assist in drafting your will. 

To make sure your will is legally valid, you should seek help from an attorney.

Our law firm can review your documents for you. 

Just fill out the form below to have us review them to make sure they are valid. 

How To Make A Will Without A Lawyer

Here are the steps to make a will without a lawyer:

  1. Research the legal requirements.
  2. Create your will template.
  3. Identify your assets and beneficiaries.
  4. Name an executor.
  5. Sign and date the will.
  6. Store the will in a safe place. 

Important Clauses To Add To Your Will

When you write your own will, here are important clauses to add. 

They may not ALL apply to you, so pick the ones you need. 

  • Executor Clause: This clause names the person you choose to carry out the instructions in your will. It’s important to choose someone you trust to manage your estate and handle the distribution of your assets.
  • Beneficiary Clause: This clause identifies the individuals or organizations that will inherit your assets. Be sure to name primary beneficiaries and alternate beneficiaries in case the primary beneficiaries are unable to receive the assets.
  • Guardianship Clause: If you have minor children, a guardianship clause can be used to name a legal guardian for them in the event of your death. Make sure to discuss this with the potential guardian before naming them in your will.
  • Specific Bequests Clause: This clause is used to leave specific assets or amounts of money to individuals or organizations. For example, you may want to leave a particular family heirloom to a specific family member.
  • Residuary Clause: This clause is used to distribute any remaining assets that have not been specifically bequeathed to someone in your will.
  • Trust Clause: If you want to leave assets to someone who may not be able to manage them on their own, such as a minor or a person with a disability. A trust clause can be used to create a trust that will manage and distribute those assets on their behalf.
  • No-Contest Clause: This clause disinherits anyone who challenges the validity of your will. This can be a useful way to discourage family members from challenging your will and causing disputes.

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