Creating a final will and testament is a crucial decision that many people choose to put off. Hesitance may arise because the topic of discussing death can sometimes be viewed as morbid. Furthermore, the costs associated with legal appointments and procedures can convince people to cast their estate plans to one side.
One way that individuals attempt to get around this is to create a will on their own. While this is legally permitted in Virginia, it can be more tricky than first appears. Outlined below are some key reasons why creating your own will may not be such a good idea.
Lack of legal validity
Whilst it may be legal to create your own will, obtaining legal validity is an entirely different matter. The nuances of estate planning law can be difficult to navigate around, with each state having different rules and guidelines. Often, people take templates they have found online to draft their will, but the legal language of each state can be unique. If the terms of a legal document are not state-specific, it may be overruled by the courts. Having your will deemed to be unlawful means that matters regarding your estate could be left in the hands of the courts, which can place your final wishes in jeopardy.
Do you really have the time?
If you have no previous experience with drafting legal instruments, it may take a considerable amount of time to familiarize yourself with the process. After investing many weeks or months into researching relevant estate planning topics, the drafting itself doesn’t tend to happen overnight. In the end, you may not save any time or money by taking matters into your own hands.
It is important to address your estate plan at the earliest possible convenience. Part of ensuring that your final wishes are satisfied involves gaining a full understanding of your legal rights in Virginia.