Why DIY Changes to Your Will Can Go Wrong: A Cautionary Tale
Legal documents—especially estate planning documents—should always be prepared and updated by an attorney. Even small changes, when done incorrectly, can lead to major unintended consequences. Unfortunately, many people don’t realize that writing on or altering their legal documents themselves can create confusion, delays, and even completely derail their intentions.
Let’s look at a real-world example of how this can play out.
Meet “Betty.” Betty did the right thing—she hired a lawyer to draft her Will. At the time, she was estranged from one of her adult children, and she made a clear decision to omit that child from her estate plan. Her Will reflected that.
Years later, things changed. Betty and her child reconciled, and she decided she wanted to include them in her Will after all. She remembered her lawyer’s advice: Don’t write on the original documents. So, thinking she was being careful, Betty wrote out her new wishes on sticky notes and placed them all over her original Will.
When Betty passed away, her Will—and the sticky notes—were submitted to probate. That’s when things went off course:
The probate process became formal. Because of the notes and perceived alterations, what could have been a simple, informal process now required oversight from a judge—adding significant time and cost.
The sticky notes were thrown out. The court ruled that Betty’s handwritten Post-its did not meet the legal requirements to amend a Will.
Her original Will stood. Since the sticky notes weren’t valid, the court enforced the original Will—the one that excluded her reconciled child.
The omitted child received nothing. Betty’s DIY attempt to fix her estate plan didn’t hold up legally.
The family fell apart. The siblings who inherited everything chose not to share with their reinstated sibling, and the family became fractured once again.
The takeaway?
Wills may seem straightforward, but they’re legal instruments with specific requirements. Making changes without the guidance of a qualified estate planning attorney can lead to costly mistakes and unintended outcomes.
If your circumstances change—whether it’s a family relationship, financial situation, or your wishes—don’t try to handle it on your own. Call your attorney. The peace of mind is worth it.
At Provision Law Firm, we focus our practice on estate planning and elder law. We’re here to help you create and maintain a plan that reflects your wishes, avoids confusion, and protects your loved ones.
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