why have a lawyer draft a will

It is important to have an attorney draft your will in order to ensure that your intentions are properly carried out and that ambiguities, which commonly cause arguments and legal complications for your loved ones, are prevented.

Full Answer

Do you need a lawyer to draft a will?

Lawyers and estate attorneys are well-versed with drafting wills and figuring out how best to divide your assets. That knowledge does come at a cost, however. For those whose financial situation is complex, hiring a lawyer often pays for itself. While lawyers use a template similar to that used by an online service, a lawyer is also a resource.

Why do I need a lawyer to draft my contracts?

Having a lawyer draft your contracts is the best way to make sure that a court will view your contract the same way you do. Contract lawyers add stability and predictability to financial and personal agreements. There are many dangers that come from writing your own contracts without the input of a contract lawyer.

Can a paralegal draft a will?

Many paralegals will not draft or review a will and render an opinion for fear of running afoul of laws regarding them practicing law. I certainly wouldn't, although I did draft my own will, but I did have an attorney review it. It has all the merit needeed to stand as a legal binding document.

How much does it cost to draft your own will?

Sites such as LegalZoom.com ($69 for a basic will) and Nolo.com ($59 for a basic will) provide forms and guidance on drafting your own will. If you go this route, make sure you meet your state’s requirements, such as having independent witnesses sign the document.

Why is it important to draft a will?

In fact, a will may be the most important document that you ever write, because it allows you to select the persons who will receive what you own when you die. If you don't have one in place, you cannot select the recipients of your property and the state you reside in will determine how your property is divided.

Should I draft a will?

If you die without a will, state law governs. You definitely need a will if you are married, have kids, or have a lot of assets. You may not need a will if you are young, single, childless, and broke. When it is time for you to get a will in place, make sure you hire an estate attorney to draft it for you.

Can I make a will without a lawyer?

Although you can make your own will, home-made wills are often open to being challenged or may raise difficulties when probate is sought (see “Challenges to your will after you die” in this chapter). It is a good idea to get the help of a lawyer, or a trust company, such as the Public Trust, to prepare a will.

Can you just write your own will?

Your options for writing your own will As long as it was properly signed and witnessed by two adult independent witnesses who are present at the time you sign your will, it should be legally binding.

Why Have a Lawyer Draft a Contract?

However, if there is any money at stake, not having a lawyer properly draft a contract is tantamount to rolling the dice.

Why do you need a contract lawyer?

In addition to their legal skills, contract lawyers are also detailed oriented and excellent problem solvers. Having a lawyer prepare your legal documents gives you an outside perspective on your business dealings. Sometimes the people involved are too close to the negotiations to notice potential problems with the structure of the deal.

What happens when a contract is poorly drafted?

When the original contract was poorly drafted, a breach of contract lawsuit usually ends badly for the person who was screwed over in the deal. However, the law is complicated and this is doubly true with contract law. Courts have built up a system for interpreting different contractual clauses over hundreds of years.

Why is trust important in contracts?

Since contracts are legally enforceable agreements, it makes it possible for two strangers to enter into a business relationship because they can rely on the knowledge that if the other side fails to live up to their end of the bargain, the wronged party can turn to the law to be made whole.

How to write a contract?

To write an effective contract, you need to understand that it must accomplish several different things. The contract must protect your interests so that if there are any issues later, you have the law on your side. The contract must accurately describe not only the deal but also what each side is exactly promising to do. At the same time, the contract must be written in a way that the other side will be comfortable signing it and moving forward with business. Contracts that are completely lopsided and unfair can be challenged in court.

Why is it important to get an agreement written?

However, it is often best to get an agreement is writing simply because it is much more difficult, and costly, to prove the existence and terms of a verbal contract than it is a written one. In the above example, if you had to go to court to get the $100, your neighbor could say he offered $10 not $100 or he could conveniently deny saying that he would pay at all.

Can a lawyer practice contract law in Florida?

A lawyer who has never even practiced contract law in Florida may have created the template you are thinking about downloading. This is a problem because not all states have the same rules and laws when it comes to interpreting different contractual terms.

Why do you need an attorney to draft a will?

The biggest benefit of hiring an attorney to draft your will is the expertise that comes along with the price tag. If you decide to go this route, shop around your local area to compare prices and find a lawyer you’ll be comfortable working with.

What does it mean to write a will?

Writing a will means you keep control over what happens to your property and money after you’ve moved on. It’s a way to protect your final wishes.

What is a Will?

While you’re probably familiar with the concept of a will, let’s talk about the nitty-gritty of what a will is and why you need one.

How much does it cost to write a will online?

Services like Rocket Lawyer cost as little as $39.99 per document. Nolo’s Online Will is priced at $59.99 and LegalZoom ranges from $69 to $149. Quicken WillMaker, the offline offering, is a one-time price of $79.99.

What is the best website to make a will?

Popular online services like Nolo’s Online Will, Rocket Lawyer, and LegalZoom, as well as others, help people write wills for a small fee — or for free. DoYourOwnWill.com is a free online will maker that gets great reviews. Software like Quicken WillMaker can be purchased and downloaded so you can draft your will offline.

How to change beneficiary of a policy?

You can change the beneficiaries of those accounts and policies by requesting a change of beneficiary form from your bank, insurer, or other issuing institution.

What is the role of executor in probate?

Executors are responsible for putting your will to work and acting on your behalf during the probate process. Executors also manage your estate and affairs after your death. If you don’t name an executor, the courts will assign an executor from those who are interested, usually a family member or beneficiary.

Who Should Write Their Own Will?

You might consider drafting a will on your own if you have an average amount of assets, your plans for leaving your property are not unusual, and you're not expecting a challenge, says attorney Dennis Sandoval of Sandoval Legacy Group in Riverside, Calif. In this kind of simple will situation, you may be able to draft a will on your own successfully.

Who is in charge of implementing a will?

Your state's requirements for a valid will. The first three items are your call. The person you put in charge of implementing your will— called an executor— should be a person you trust. However, state requirements may be strictly applied, especially if there's a challenge to the will. Those requirements vary, but generally, ...

What happens if you don't have a holographic will?

If you don't, you may still live in one of the 26 states that permit holographic wills. "Holographic" here means "handwritten," Sandoval says handwriting it is advantageous because the legal standard for validating a handwritten will is a little more relaxed, at least in California. This may help if you miss a detail.

What is a codicil in a will?

If you've had changes like this in your life that affect your will, you need to know how to write a "codicil," an addition to the will that adds to, revokes, or explains your choices. Writing your own codicil is as easy as writing your will on your own.

How many witnesses do you need to sign a will?

Those requirements vary, but generally, your will must be in writing; you must be at least 18 and mentally competent; and you must sign it in front of two to three (de pending on the state) adult witnesses who do not stand to inherit anything. Those witnesses must also sign.

How did Douglas help the service?

Douglas says the service he used helped by bringing up issues he might not have considered on his own.

Why is it important to have a last will?

You know having a last will is important—it protects your family and provides for your final wishes. Now that you're finally sitting down to write that will, be on the lookout for these common but easy-to-avoid mistakes.

What are the factors in a will?

It is a theory that is often used in contract law and generally applies when a legal claim contains the following factors: 1 The will was intended to benefit the beneficiary; 2 It was foreseeable that the attorney’s malpractice mistake would prevent the beneficiary from receiving what was provided to them by the terms of the will; and 3 The attorney’s act of malpractice did in fact prevent the beneficiary from receiving what they were entitled to under the will.

What happens if a will is improperly described?

The will improperly describes the property, which results in distributing the wrong property to the beneficiaries. For example, “I give the inground swimming pool to my stepchildren, so that they may enjoy swimming.” The testator intended to give their stepchildren the entire house, but due to this provision, the stepchildren now only inherit the pool and not the house.

What are Some Examples of Will Drafting Errors That May Be Malpractice?

There are certain errors that may be considered an act of malpractice when it comes to drafting a will. The following list provides some examples of when an error made during the course of drafting a will may be regarded as attorney malpractice, such as when:

Who is Considered a Beneficiary under a Will?

A beneficiary, also referred to as a donee or a recipient, is a person who is legally entitled to receive benefits. In a will drafting context, this may include benefits, such as money or property from the estate of the person who created the will (i.e., the testator). The testator is allowed to name anyone they want as a beneficiary.

What would happen if an attorney made a malpractice mistake?

It was foreseeable that the attorney’s malpractice mistake would prevent the beneficiary from receiving what was provided to them by the terms of the will; and

What happens if an attorney fails to uphold the legal obligation?

If an attorney fails to uphold this obligation and a client suffers damages as a result, then they might be guilty of committing attorney malpractice. In such a case, the attorney may be liable for that client’s damages.

Can a beneficiary of a will be sued for malpractice?

Therefore, if you are a beneficiary to a will that you believe was drafted improperly due to malpractice errors, then you should check to see if the laws in your state will allow beneficiaries to bring a malpractice lawsuit. You may also want to consider contacting a local malpractice attorney for further assistance.

What is a will procured by fraud?

A will procured by fraud is one that the testator is tricked into signing. For example, the testator might be presented with a document and told that it's a deed or a power of attorney. She therefore signs it, but it turns out that the document is a will. The will is therefore procured by fraud.

What does it mean when a testator does not have the capacity to sign a will?

"Testamentary capacity" means that the testator understands the nature and value of her "bounty" or assets and that she understands the natural objects of that bounty—who should logically inherit her assets.

How to prove undue influence?

Proving it typically involves actions such as consulting with the testator's attorney regarding the provisions of the will, paying for the will, and isolating the testator from his family and friends.

Why is a will invalid?

It's easy to assume that a will that's executed in an estate lawyer's office will be signed with the proper legal formalities, but this isn't always the case. Failing to sign a will in accordance with applicable state laws is the first and foremost reason why a will is contested, and it's also the most common reason why a will is found to be invalid.

Is testamentary capacity difficult to prove?

Absent a doctor's visit or an adjudication of incapacity within days of the will signing, lack of testamentary capacity is very difficult to prove.

Do the testator and witnesses sign the will?

The testator and the witnesses must be in the same room at the same time, and each must sign the will while the others are watching. 1 . It's easy to assume that a will that's executed in an estate lawyer's office will be signed with the proper legal formalities, but this isn't always the case.

Is it difficult to prove a will is invalid?

In the absence of blatant lies and wrongdoing on the part of multiple people, or explicit medical evidence at or near the time the will was signed that the testator was incompetent, proving that a will is invalid can be difficult and very expensive.

What can a lawyer do?

Seriously, you can do most things a lawyer can do, save for three big things: arguing in court on a client's behalf, signing your name to briefs, or taking a deposition. You also cannot give legal advice, but since you're just asking for career advice, I can give that. Everything else, you can do, from document review to haggling with clients and ven

How long does it take to become a law clerk?

I can address the first question. At least in the U.S., most people become law clerks for a year or two in between graduating from law school and beginning to practice law. That was my choice, as it gave me the chance to see how a courtroom actually worked before I found myself on the other side of the bar talking to the judge on behalf of a client. As a result of my law clerkship with a U.S. bankruptc

What is a paralegal in court?

Paralegals are often in the courtroom assisting the lawyers for whom they work while those lawyers are conducting court proceedings. However, because a paralegal is is a paralegal and not a member of the bar, the paralegal cannot participate directly in the proceeding.

Can a will be challenged by a paralegal?

Assuming it is done legally, yes! There was a case of a person who was dying from an auto accident and wrote his will on an undershirt (it was all he had) and the court accepted it. Now understand that the court is interested in faithfully representing the wishes of the deceased. The more that things depart from established protocols, the more likely the will is likely to be sucessfully challenged (without a good reason for the variances of those protocals.) A paralegal is more likely to makes errors that would allow the will to be challenged sucessfully. In addition, the paralegal would probably steer clear of any but the most basic will. In short, I am saying that in a contest where one side had a will written by a paralegal and a contesting will written by a lawyer (all other things being equal), my money would be on the will written by lawyer. Finally, a caveat, the laws are different from state to state, so in some states may require a lawyer. I am generalizing and this should not be considered legal advice.

Is being a paralegal better than being a lawyer?

The benefit of being a paralegal as opposed to being a lawyer is that the educational requirement (therefore the cost) is substantially less. Also, the lawyer owns the business (now), and the paralegal is an employee. But in terms of being able to do mentally challenging and productive work, both can provide good career paths and high job satisfaction.

Is a paralegal a legal assistant?

Employers may define the terms separately. Paralegals are not currently licensed as lawyers are in any state. The supervising attorney remains responsible for the paralegal's work product and conduct. See Rule 5.3 of the Model Rules of Professional conduct.

Can anyone call themselves a paralegal?

One proviso, however, is that we must develop quality certification and regulation programs. In many states now, anyone can call himself/herself a paralegal. Certification and regulation programs will elevate the paralegal as a professional (think R.N) and run off the pretenders.