Can You Write Your Own Will? The Pros and Cons of DIY Wills

Everyone loves a good do-it-yourself project: restoring an old dresser, re-painting your bedroom, upcycling old clothing. These are all great activities to tackle over a weekend or two, and can bring a great sense of pride in a job well done.

But a DIY will? That’s a different story.

Nevertheless, do-it-yourself wills are becoming increasingly more common. At The Law Office of Vidhya Babu, our clients often ask: “Can I write my own will?”

Today, we’ll tackle that very question and give you an open and honest look at the pros and cons of do-it-yourself wills, and help you decide if a DIY will is really the right choice.

Are DIY Wills Legal?

Let’s start by answering the core question: “Are DIY wills legal?”

The short answer is yes. In most states, including California, do-it-yourself wills are absolutely legal, and anyone can write their own will. But there are some requirements for the will to be considered valid.

In the state of California DIY must meet these criteria:

• You must be at least 18 years of age and of sound mind
• The will must be either handwritten (known as a holographic will), typed (non-statutory will), or created using the California Statutory Will form
• The document must be signed and dated by you
• Typed wills must be signed in the presence of at least two witnesses, who must also sign the will

Holographic wills do not require witnesses, as long as the document is in your own handwriting, and you have signed it.

Meet these criteria, and your do-it-yourself will is legally valid.

The Pros and Cons of DIY Wills

Now that we’ve answered the basic question “are do-it-yourself wills valid?”, we can examine the pros and cons that will help you decide if a DIY will is really a good idea.

The Pros of a DIY Will

1. Convenience: DIY wills are the simplest way to formalize basic plans for asset distribution. They’ve worked for hundreds of years, are the most straightforward method for basic estate planning, and can be done without ever leaving the comfort of your own home.
2. Cost Savings: One of the biggest advantages of writing your own will is the low cost. Writing a holographic will or using the California Statutory Will form costs nothing at all. There are also many online websites and templates that charge anywhere from $50 to $100 for a generic template. If keeping expenses to a minimum is a prime concern, a DIY will works just fine.
3. Privacy: Some individuals may prefer to keep their financial details private. When you write your own will, your estate plans remain totally confidential, provided you can trust your two witnesses not to divulge your plans. A DIY will means there’s no need to disclose your assets to a lawyer.
4. Works Best for Small Estates: If you have a small estate, don’t own your own home or real estate, or have any complex financial holdings, a do-it-yourself last will and testament will likely meet your needs.

The Cons of a DIY Will

1. You Risk Leaving Things Out: The bigger your estate is, the more likely you are to overlook specific assets or beneficiaries when you write your own will. Working alongside a professional estate planner will help make sure that no stone is left unturned as you inventory and divide your assets.
2. Higher Potential for Errors: Without legal guidance, your will is far more likely to have errors, fail to include specific and necessary legal language, or forget to account for other estate planning needs. These errors can lead your heirs and beneficiaries to challenge your will, and can even result in it being declared invalid—a move that would benefit no one.
3. Potential for Greater Financial Costs: Writing your own will almost certainly save you money in the here-and-now, but what about when you’re gone? If the will is challenged, declared invalid, or was poorly written, your heirs can find themselves at odds with each other, and left to hire a probate litigation attorney to resolve potential lawsuits—costs that can quickly eat into their inheritances.
4. More Time Spent in Probate: Probate is the process of legally validating a will, paying outstanding debts, and distributing assets. This process is already lengthy (averaging 6-12 months for a modest estate), but if the will contains errors, unclear language, or was executed improperly, these issues can significantly extend the process.
5. Limited Flexibility: Using a DIY will or template doesn’t carry the same flexibility that a professionally prepared will by an estate planning attorney does. A legal professional can help you anticipate specific situations, potentially help with tax planning, and adjust your will when life circumstances change, like when a child or grandchild is born, or there is a marriage or divorce.
6. Not Suitable for Larger Estates: Estates that hold multiple properties, businesses, significant investments, or other holdings require the attention to detail of a legal professional, especially those with a value exceeding the federal estate tax threshold of $15 million for 2026.
7. Blended Families: Families with children from previous relationships typically require extra planning and attention to avoid disputes over inheritances. A DIY will rarely addresses these situations adequately.

Why Work With an Estate Planning Lawyer Instead of Creating a DIY Will?

The answer to the question “can I write my own will?” is yes, but should you?

A DIY will may work for those who are still young, with minimal assets, and only the most basic estate planning needs.

But if you own your own home, a business, or have a portfolio of stocks, investments, or other significant holdings, then working with an estate planning lawyer provides a far more comprehensive approach to estate planning than a DIY last will and testament ever could.

Working with an estate planning attorney gives you:

• Comprehensive Planning: An estate planning lawyer will help you plan for every circumstance and account for every asset. Whether it’s providing for minor children, passing on a family business, or distributing property in another state, an estate planning attorney makes sure every aspect of your estate is accounted for.
• Error Free Documents: Do-it-yourself wills are prone to errors that can lead to probate challenges, family disputes, and increased costs down the line. An estate planning attorney assures your documents are legally sound.
• Personalized Advice: Every family has unique needs, which a DIY will or generic template may not account for. An estate planning attorney gives you honest advice for your specific needs.
• Adaptability: Life can change after you create your will. People get married, divorced, new babies are welcomed into the world. Whenever you have a significant life or family event, an estate planning attorney can help you update your will without starting over from scratch.
• Incapacity Planning: Beyond a will, an estate planning attorney can also help you draft other essential documents like advance medical directives, financial power of attorney, and medical power of attorney that are crucial in the event that you become incapacitated. A DIY will won’t cover these issues, which could potentially leave your family left to make difficult decisions for you without guidance.

The Law Office of Vidhya Babu: Trusted Estate Planning Partner for California Families

Creating a do-it-yourself will may seem like a cost effective way to plan for your family’s future, but the reality is that writing your own will leaves you prone to mistakes and oversights that could actually cost your family significantly more time and money down the road.

Rather than leave things to chance, consider working with a legal professional.

At The Law Office of Vidhya Babu, our extensive experience allows us to create thoughtful, legally sound estate plans for our clients that ensure every possibility is accounted for. When the time comes, your wishes will be met and the potential for disputes between family members minimized.

When you’re ready to begin estate planning, contact The Law Office of Vidhya Babu for an initial consultation to discuss your needs and let us help you plan for the future with confidence.

**DISCLAIMER**

This blog post is for informational purposes only and does not constitute legal advice. Please consult with an attorney to discuss your specific circumstances.