Writing your own will can feel empowering. It’s a way to take control of your future, make important decisions on your own terms and ensure your loved ones are cared for after you’re gone.
But when it comes to legal matters, not everything that seems simple on paper holds up under scrutiny. What works in theory doesn’t always stand the test of the courtroom.
Are DIY Wills legally enforceable?
In short, yes, a do-it-yourself will can be valid, but only if it meets every legal requirement under your state’s laws. In Virginia, that means:
- You must be at least 18 years old and legally competent.
- You must sign the will in the presence of two competent witnesses.
- Those two witnesses must also sign the will while in your presence.
If even one of these steps is missed or done improperly, a court may reject the will entirely.
Beyond the basic requirements, other issues often arise with homemade wills. Missing language, unclear instructions or mistakes in asset distribution, like listing jointly owned property or accounts with named beneficiaries, can lead to confusion, disputes or unintended outcomes. In some cases, the court may disregard your will altogether and distribute your estate under state intestacy laws.
Even a technically valid will can still be contested. If family members feel excluded or suspect undue influence, they may challenge it in court. Professionally drafted wills are designed to minimize these risks by ensuring your intentions are clear and the document is executed properly.
Creating a will on your own may seem like the easiest route, but it’s not the safest one. If you’re serious about protecting what matters most, taking the time to speak with someone who knows how to help you get it right can give you peace of mind for years to come.