24 Feb 7 Things That Can Go Wrong If You DIY Your Estate Planning Documents
With ample online resources for just about every project out there, a do-it-yourself approach can make life easier and more affordable. Whether you’re putting up new wallpaper or changing the oil in your truck, it’s easy to find a tutorial online.
However, DIY estate planning is never a good move. Although there are online templates you can use to create your own legal documents, it’s far too easy to make mistakes. You could be putting your family’s future at risk or exposing your estate to legal challenges. Here are seven reasons why you should never tackle estate planning on your own.
Seven Major Risks with DIY Estate Planning
1: Technical Errors Can Make Your Will Invalid
One of the biggest risks with DIY legal documents is that a single error can make your entire estate plan invalid. Online templates might save you money, but they don’t offer any guidance or explain legal nuances.
You could end up using the wrong documents, or following the instructions for wills in Nebraska instead of Arizona. And mistakes like a missing signature, an improper witness, or unclear language can result in your will being contested or completely invalidated by probate court.
2: Creating a Legally Valid Will May Be More Complex Than You Think
Some people think all they need to do to create a valid will is to fill out a form and sign it. However, there’s much more to it than that.
In Arizona, a valid will must meet all the legal requirements:
- You have to sign your will in front of at least two eligible witnesses.
- Your witnesses cannot be heirs or beneficiaries, and they must also sign the will.
- Everyone must be of sound mind and at least 18 years old.
- You must clearly express your intent and use the proper legal language.
Online templates are a good starting point if you’re trying to decide what to include in your will, but without specific legal knowledge you run the risk of drafting a document that doesn’t work.
3: Disputes and Challenges Are More Likely
Anyone with a vested interest can contest a will in court. Disputes and challenges to a will can tear families apart and legal fees can drain the estate’s assets.
DIY wills are vulnerable to disputes because they usually have ambiguous language. For instance, your will might say that your children get your house, but without clear instructions about how ownership should be shared or transferred, disputes can easily arise.
4. Trust Documents Face Similar Disputes and Challenges
Disputes and challenges to trusts are also common when you submit DIY legal documents. In fact, your trust documents can also be rendered invalid by mistakes like:
- Improper funding of the trust
- Incorrect beneficiary designations
- Provisions that conflict with current tax laws
If your trust is not valid, then your estate will have to go through probate. It can take years to sort out a complicated estate in court, with the assets staying frozen in the meantime.
5. Missing Tax Planning Opportunities or Creating Tax Nightmares
Proper planning can help you maximize the use of exemptions and deductions for estate taxes. But without professional guidance, you may inadvertently structure your estate in a way that creates unnecessary financial burdens for your loved ones.
The size of their inheritance can be significantly reduced by:
- Estate and inheritance taxes
- Capital gains taxes
- Income taxes
DIY estate plans typically don’t address these complex tax issues, nor do online forms help you understand the implications of your choices.
6. Falling Victim to Scams and Low-Quality Services
Estate planning is no different than other industry when it comes to substandard or fraudulent companies. It’s vital to learn how to identify estate planning scams before handing over your money and personal info.
Some internet services hide fees, use high-pressure sales tactics, or provide generic documents that aren’t even valid in your state. Others may sell your information to third parties, leading to potential data breaches, identity theft, or endless telemarketing calls. Others fail to answer any legal questions when you are in need.
Although the cost is low, most DIY estate planning ends up being more expensive in the long, because of the costly problems they cause.
7. No Ongoing Support When Laws Change or Circumstances Evolve
Estate planning isn’t a one-time event. Laws can change, families evolve, and assets may grow or shrink over time. Your wishes can also shift.
Plus, if you choose DIY estate planning, you are also responsible for keeping the documents up to date and legally compliant. An estate plan created five years ago may no longer accomplish your goals or follow current law.
The American Bar Association suggests that most people should review and, if necessary, update their estate plans every 3 to 5 years or after major life events. Professional estate planning means your attorney will monitor legal changes and recommend updates to your plan as the years go by.
Schedule a Free Estate Planning Consultation with Phelps LaClair
Don’t leave your family’s future to chance! DIY estate planning documents are unnecessarily risky, and they can fail at the worst possible time.
For personalized estate planning advice and legally valid documents, you need an expert on your side. At Phelps, LaClair, your first consultation is always free of charge. We can answer all of your questions, help you draft the documents you need, and help you make sure that you have a functional plan in place when the time comes.
Contact us to schedule an appointment in Chandler, Glendale, Sedona, or one of our other Phoenix Valley locations.
Photo by Vitaly Gariev on Unsplash used with permission under the Creative Commons license for commercial use 2/14/26.