Can I Write My Own Will and Have It Notarized?
Yes, you can write your own will, a process often called drafting a holographic will, and then have it notarized. However, while legally possible, it's generally not recommended without seeking professional legal advice. Let's explore why.
What Happens When You Notarize a Will You Wrote Yourself?
Notarizing a will simply means a notary public will witness your signature and affirm your identity. The notary doesn't review the legal validity or the content of the will itself. They simply confirm that you signed the document. This adds a layer of evidence suggesting the will is authentic and that you signed it willingly, but it doesn't guarantee its legal enforceability.
Why is it Risky to Write Your Own Will?
While seemingly straightforward, writing a will involves navigating complex legal terminology and ensuring it adheres to your state's specific requirements. Errors in wording or omissions can lead to significant problems after your death, potentially resulting in:
- Contested Wills: Ambiguous language or unclear instructions can invite legal challenges from family members who disagree with your distribution of assets. This can lead to costly and time-consuming probate battles.
- Invalid Will: A poorly drafted will might be deemed legally invalid by the court, leading to your assets being distributed according to your state's intestacy laws (rules for distributing property when someone dies without a valid will). This might not align with your wishes at all.
- Unintended Consequences: Failing to address specific situations (like blended families, minor children, or specific tax implications) can create unexpected issues for your loved ones.
What Are the Alternatives?
1. Using a Will Kit: Will kits offer a structured approach and help guide you through the process. However, they may not account for the nuances of your specific circumstances, and using them without understanding the legal implications is still risky.
2. Consulting with an Estate Attorney: This is the safest and most recommended option. An estate attorney can help you create a legally sound will that accurately reflects your wishes and minimizes the risk of future disputes. They understand your state's laws, tax implications, and can anticipate potential problems.
How Can I Find a Qualified Estate Attorney?
Your state bar association is a great resource for finding qualified attorneys in your area. You can also ask for referrals from friends, family, or financial advisors.
Will a Notarized Will Always Be Accepted?
A notarized will is more likely to be accepted than an un-notarized one, primarily because it establishes authenticity. However, the court still has the final say on whether the will is legally valid. A poorly drafted will, even if notarized, can be challenged and potentially deemed invalid.
Are There Different Types of Wills?
Yes, there are several types of wills, each with its own purpose and requirements. Some common examples include:
- Simple Will: Suitable for individuals with straightforward assets and beneficiaries.
- Complex Will: Used for individuals with more complex estates, such as significant assets, trusts, or blended families.
- Holographic Will: A will written entirely in the testator's handwriting (often not recommended due to legal risks).
In conclusion, while you can write your own will and have it notarized, the potential legal complications strongly suggest seeking professional legal assistance to ensure your wishes are carried out effectively and efficiently. The peace of mind it provides far outweighs the cost of an attorney's services.
