Last week I reviewed a Will that a client had created themselves. There were various duplicate provisions. I think the form they used may have intended for people to pick one of three paragraphs that applied to their situation, but this guy chose all three. He stated multiple times that he had no kids, then wrote in “my daughter, Jane Doe” on every line that allowed him to name a beneficiary. However, her name was misspelled several times. It was very clear that he wanted his only daughter to inherit everything. He bequeathed his house to her three times and his belongings four times. I thought, we could work with this. Then I made it to the signature page and his Will had 3 witnesses: his daughter, son-in-law, and a friend. There is a valid legal argument that the daughter could not inherit anything under this Will, because she was a witness. The final page of the Will is a Self-Proving Affidavit; when compliant with Georgia law, this saves us from having to find the witnesses to the Will. Unfortunately, the client did not sign this and the notary signed where the client’s name should have been printed. Further, it did not comply with the Georgia requirements.
Not everyone who tries to draft their own Will makes all of these mistakes, but just one or two may be sufficient to prevent your wishes from being honored. In this case, the daughter may be better served by probating her dad’s estate as though there was no Will than explaining to the court that she was, in fact, the only child. This Will would have required so many affidavits to both prove its authenticity and its intent that the daughter would be forced to hire an attorney to complete the probate process.
Working with an attorney to draft your Will typically means that your Will document will be easier to use after your death. From ensuring family relationships are correctly labeled, to using appropriate witnesses, to making sure that your full estate is contemplated, attorneys are familiar with the requirements and can make the process easier for you and your family.