Do You Need an Attorney to Make a Will?
Creating a Will is a foundational part of estate planning in Pennsylvania. It is the primary way to control what happens to your property and assets, protect your family, and reduce conflict after your death. While online templates and do‑it‑yourself Wills are widely advertised, Pennsylvania‑specific rules and probate procedures make it especially important to understand whether those options truly protect your wishes.
In many cases, working with an experienced Pennsylvania estate planning attorney is the most effective way to ensure your Will is valid, enforceable, and tailored to your circumstances.
Is It Legal to Make a Will Without an Attorney?
Generally, in the United States, you can legally write your own Will without an attorney, provided the document meets your specific state's legal requirements. Most jurisdictions require a typed document, signed, and witnessed by at least two people.
Specifically, Pennsylvania law does allow individuals to create a Will without an attorney, including handwritten ("holographic") Wills and form‑based documents. However, Pennsylvania courts apply strict requirements regarding execution, intent, and interpretation.
A Will that appears simple or inexpensive upfront may still:
- Be challenged in the Orphans’ Court
- Contain ambiguous language that leads to litigation
- Fail to account for Pennsylvania probate procedures
- Omit alternate beneficiaries or contingency planning
- Failing to account for tax implications, costing your beneficiaries
- Conflict with beneficiary designations or jointly owned property
Even when technically valid, poorly drafted Wills frequently cause delays, increased costs, and family disputes during probate.
When You Should Hire an Estate Planning Attorney
Estate planning is not just about drafting one document (a Will); it is about ensuring that the document works under Pennsylvania law and fulfills your wishes. An experienced attorney understands how Wills are interpreted and enforced by Pennsylvania courts and how they interact with other estate planning tools.
Individuals with limited assets or limited beneficiaries may choose to simplify their planning with an online document or handwritten Will, and in a perfect world with no conflict or unforeseen circumstances, that may work well. Individuals with business interests, investment or retirement assets, life insurance policies, and multiple beneficiaries (including minor children) would certainly benefit from the professional guidance offered by estate attorneys, as these elements add complexity. Also, individuals who have potential health issues, who may need future long-term care, would benefit greatly from consulting with an elder law attorney.
The benefits of working with a Pennsylvania estate planning attorney include:
- Compliance with Pennsylvania Law: Proper drafting, execution, and witnessing reduce the risk of challenges or rejection by the Register of Wills. Attorneys ensure compliance with all/any state and federal laws.
- Customized Planning: Attorneys address family structure, real estate ownership, business interests, and beneficiary needs common in Pennsylvania estates. Attorneys also have tax planning experience.
- Clarity and Legal Precision: Clear, enforceable language minimizes disputes during probate.
- Planning for Pennsylvania Probate: Attorneys structure wills to streamline administration and reduce court involvement when possible.
- Integration with Other Estate Planning Documents: Wills should coordinate with powers of attorney, healthcare directives, trusts, and beneficiary designations (all of which are critical elements of a comprehensive estate plan).
- Peace of Mind, knowing you have consulted a professional who is obligated to help you plan effectively and within the law.
Risks of DIY Wills
Self‑prepared Wills often create avoidable problems, including:
- Improper execution or lack of required formalities
- Failure to plan for the incapacity or early death of beneficiaries
- Conflicts between the Will and non‑probate assets
- Unintended disinheritance or partial intestacy
- Increased likelihood of Will contests in Orphans’ Court
- Unintended tax implications, costing your beneficiaries more than you intend
These issues often shift the burden and cost onto grieving family members, which adds further stress to a sad situation.
How Knox Law Can Support Your Will and Estate Planning
Knox Law’s estate planning & administration group helps individuals and families create estate plans that work under Pennsylvania law and reflect real‑world needs. Our estate planning services and process include:
- Drafting customized Pennsylvania Wills
- Incorporating financial and healthcare powers of attorney
- Implementing various trust tools, as needed, to accomplish clients’ asset protection goals
- Coordinating Wills with business interests, financial or insurance assets, business succession, or other considerations
- Advising on Elder Law matters and Medicaid qualification, using estate planning tools
- Providing extra guidance and follow-up for correct beneficiary designations
- Updating existing Wills to reflect life changes or changes in the law
- Helping clients plan for probate efficiency and asset protection
- Advising on guardianship and family protection issues
Our estate planning and elder law attorneys take the time to understand each client’s goals and explain their options clearly.
Conclusion
While making a Will without an attorney may seem possible, Pennsylvania estate planning involves legal and procedural nuances that generic forms often overlook. A carefully drafted Will created with the guidance of an experienced attorney can save time, reduce costs, and protect your loved ones when it matters most.
If you are considering creating or updating a Will in Pennsylvania (or other jurisdictions), our estate planning attorneys have the experience necessary to counsel you and your family effectively. Contact us today to schedule a consultation and take an important step toward protecting your legacy.
Legal Advice Disclaimer:
The content of this website is provided for general information purposes only. It should not be used as a substitute for consulting an attorney for legal advice regarding the reader's own affairs. Knox McLaughlin Gornall & Sennett, P.C. is not responsible for the content provided on any third-party website which may be accessed via links provided by this site.
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