How to make a Legal Will

The Pros and Cons of Will Kits, Online Software, Notaries, and Lawyers 

Preparing a legal will is an essential part of estate planning. A well-drafted will can ensure that your assets are distributed according to your wishes after your death, and your loved ones are taken care of. However, there are various ways to prepare a will, and it can be challenging to choose the right method. In this article, we will discuss the pros and cons of using a paper will kit or digital template, an automated online system, a Notary Public, and a lawyer to prepare your legal will.

How to Make a Legal Will using a Paper Will Kit or Digital Template

One of the most common ways to prepare a legal will is by using a paper will kit or a digital template that you can complete yourself. These kits and templates are widely available online and in office supply stores. They typically include a set of instructions and a template that you can fill out to create your will.

Pros:

• Cost-effective: A paper will kit or digital template is generally more affordable than hiring a lawyer or a Notary Public to prepare your will.
• Convenience: You can complete the will in your own time and at your own pace, without having to schedule appointments with professionals.
• Flexibility: The template or kit allows you to customize your will according to your specific needs and wishes.

Cons:

• Limited legal guidance: Although the instructions in the kit or template may be helpful, they cannot replace the legal advice of a professional.
• Potential for errors: If you are not familiar with legal terminology or the requirements of a valid will, you may make mistakes that could render the will invalid.
• Lack of accountability: There is no one to hold accountable if errors or mistakes are made, and the will is not valid or enforceable.

How to Make a Legal Will using an Automated Online System

An automated online system is another way to prepare a legal will. These systems typically use software that guides you through the process of creating a will. The software may ask you a series of questions, and based on your answers, generate a customized will.

Pros:

• Cost-effective: An automated online system is generally more affordable than hiring a lawyer or a Notary Public to prepare your will.
• Convenience: You can complete the will at your own pace, from the comfort of your own home, without having to schedule appointments with professionals.
• Customization: The software can generate a customized will based on your specific needs and wishes.

Cons:

• Limited legal guidance: Although the software may be helpful, it cannot replace the legal advice of a professional.
• Potential for errors: If you are not familiar with legal terminology or the requirements of a valid will, you may make mistakes that could render the will invalid.
• Lack of accountability: There is no one to hold accountable if errors or mistakes are made, and the will is not valid or enforceable.

How to Make a Legal Will using a Notary Public

A Notary Public is a legal professional who is authorized to witness and certify the signing of legal documents, including wills. Notaries Public are trained and licensed professionals who can provide legal advice and guidance on the preparation of a will.

Pros:

• Legal expertise: A Notary Public is a licensed professional who can provide guidance on the preparation and execution (signing) of a will.
• Accountability: A Notary Public is accountable for ensuring that the will is properly executed and meets the legal requirements for validity. However, a Notary does not provide legal advice so ultimately, the content of your Will is your responsibility.
• Confidence: The certification by a Notary Public provides a level of assurance that the will is valid and enforceable and may be accepted as authoritative without requiring probate.

Cons:

• Cost: The services of a Notary Public is likely to be more expensive than using a paper will kit, digital template, or automated online system, though substantially less than a lawyer.
• Availability: Notaries Public may not be readily available in all areas, and it may be challenging to find one who is knowledgeable in estate planning.
• Limited customization: A Notary Public may not be able to provide the same level of customization and flexibility in preparing your will as a lawyer.

How to Make a Legal Will using a Lawyer

Hiring a lawyer to prepare your legal will is the most traditional and comprehensive option. A lawyer is a legal professional who specializes in estate planning and can provide tailored advice and guidance on preparing a will that meets your specific needs and wishes.

Pros:

• Legal expertise: A lawyer has the legal training and expertise to provide personalized advice and guidance on preparing a will that meets your specific needs and wishes.
• Customization: A lawyer can provide a customized and comprehensive estate plan that addresses all aspects of your estate, including tax planning, beneficiary designations, and trusts.
• Accountability: A lawyer is accountable for ensuring that the will is properly executed and meets all legal requirements for validity.
• Confidence: The legal advice and guidance provided by a lawyer provide a high level of assurance that the will is valid and enforceable.

Cons:

• Cost: The cost of hiring a lawyer to prepare your will is generally the highest of all the options discussed in this article.
• Time: The process of working with a lawyer to prepare a will can be time-consuming, as it involves consultations and the drafting and reviewing of legal documents.
• Inconvenience: You may need to schedule multiple appointments with the lawyer and attend his or her office, which can be inconvenient.

Conclusion

There are several ways to prepare a legal will, and each option has its own pros and cons. A paper will kit or digital template, an automated online system, and a Notary Public offer cost-effective and convenient options for preparing a will. However, they have limitations in terms of legal guidance, potential for errors, and lack of accountability. Hiring a lawyer offers a more comprehensive and tailored approach to estate planning but comes at a higher cost and may require more time and inconvenience.

When considering the options for preparing your will, it is essential to weigh the pros and cons carefully and determine which option best suits your specific needs and preferences. Regardless of the method you choose, it is crucial to ensure that your will meets all legal requirements for validity and that it accurately reflects your wishes and intentions for the distribution of your assets after your death.

Next: Contesting a Will

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