Filling in an online form and printing a will can feel like a quick win, especially when a pop-up promises big savings. Yet the actual cost often shows up later, when loved ones face court hearings, delays, and rising bills.
At Jordan & White, LLC, we have spent 13 years helping Massachusetts families avoid those headaches through solid planning. This article breaks down why homemade wills frequently fall apart and what safer steps you can take instead.
Why DIY Wills Can Cost More in the Long Run
Low one-time fees look tempting, but a flawed will can drain far more from an estate after death. Fixing mistakes usually means hiring will lawyers, filing extra motions, and paying added probate fees. Disputes may even freeze assets while relatives argue over unclear wording.
The real price tag often includes:
- Extra court filings to resolve ambiguous clauses.
- Attorney fees to interpret or correct defective language.
- Family conflict that can shrink inheritances through litigation costs.
So the few dollars saved upfront can vanish quickly once the probate process begins.
Common Pitfalls of DIY Wills in Massachusetts
Homemade wills often miss basic steps required under state law, leaving the entire document open to attack. Below are the trouble spots we see most often.
Lack of Proper Witnessing
Massachusetts requires two witnesses who are not devisees to observe the signing and sign their names in the presence of the testator. If a beneficiary signs, that person may lose the gift named in the will, or the whole document could be rejected.
Improper Alterations and Amendments
Cross-outs, sticky notes, or correction fluid made after signing can void the altered section or force a judge to guess what was intended. The court time spent sorting it out becomes an unplanned expense for the estate.
Failure to Revoke Previous Wills
Without an explicit revocation clause, an older will might resurface and battle the newer one for authority. Competing documents invite contests that can delay distribution for months or even years.
Unclear Asset Distribution and Vague Language
Terms like “all my valuable things” sound fine during drafting, but turn into fuel for family fights. Devisees may differ on what counts as valuable, forcing the probate judge to decide, at the estate’s expense.
Why Template Wills Fall Short in Massachusetts
Generic forms often fail to match the realities of local law or family life. They rarely address blended households, business ownership, or property held in more than one state. They also ignore estate tax thresholds that apply only in Massachusetts.
Here are three gaps that surface again and again:
- No room for trust language that could lower estate taxes.
- Out-of-state clauses that conflict with the Massachusetts probate code.
- Boilerplate instructions that overlook special assets such as vacation homes or company stock.
Because these forms are copied widely, the exact wording error can appear in hundreds of wills, multiplying the risk of rejection in court.
Estate Tax and Probate Complications from Self-Made Documents
Massachusetts imposes an estate tax on estates above two million dollars, and federal limits may change again in the future. Failing to plan for those rules can leave heirs with a hefty bill. DIY wills often miss:
- Credit shelter or marital deduction planning that shields assets from tax.
- Language directs the personal representative to use tax-efficient funding sources for charitable gifts.
- Coordination with beneficiary designations on retirement accounts can shift the tax burden in unexpected ways.
Even families of modest wealth may cross the state threshold once real estate or life insurance is counted, so skipping tax planning is a risky bet.
Family Disputes Arising from Ambiguous DIY Wills
Vague directions breed tension. When a clause says “divide fairly,” siblings often disagree on what fair means. Differing views can harden into lawsuits, draining cash and straining relationships.
Ambiguity also invites claims of undue influence, especially if one relative helped write or witness the document. With no lawyer’s file to show capacity checks, the probate judge must piece together events, lengthening the case and inflating costs.
Professional Safeguards You Might Be Missing
Working with an attorney adds layers of protection that a template cannot match. Attorneys confirm mental capacity, record instructions, and guide proper signing. Those steps provide evidence if the will faces a challenge later.
Other safeguards include:
| Issue | DIY Approach | Attorney Approach |
| Witness Selection | Friends or family, not always neutral | Independent witnesses chosen to avoid bias |
| Document Storage | Often left in a drawer or online account | Secure vault or registered storage with clear access instructions |
| Capacity Verification | No formal record | Attorney notes and, if needed, medical confirmation |
| Updates | Rarely revisited | Scheduled reviews when tax laws or family needs shift |
These safeguards can be the difference between a smooth transfer and a courtroom battle.
The Intricacies of Asset Distribution
Passing property is seldom as simple as listing a name next to an item. Joint accounts, liens, and outdated beneficiary forms can derail the plan. A homemade will may overlook debts that must be settled first, leaving heirs surprised by reduced shares.
Different asset categories carry different rules. Real estate needs a new deed, retirement funds rely on beneficiary forms, and personal items may require an itemized list. A well-crafted estate plan coordinates all three, so nothing falls through the cracks.
Protect Your Legacy: Contact Us for Estate Planning Assistance
DIY wills often promise peace of mind but deliver court fights and extra taxes. Working with Jordan & White, LLC means every detail is reviewed by a legal team that focuses on estate, real estate, and probate matters across Massachusetts. Feel free to call 978-744-2811 or reach us through our Contact Us page to build a plan that keeps your wishes clear and your family protected.
We look forward to helping you safeguard what you have worked so hard to build.