Please ensure Javascript is enabled for purposes of website accessibility

Will Lawyers: When You Need Them and When You Don’t

Author's picture
| 5 min. read
In the potentially complex process of planning your estate, great peace of mind can come from knowing that your will is legally sound. A legally sound will ensures that your estate is executed without unnecessary complications, and that your final wishes are carried out according to your desires. When it comes to achieving that level of effectiveness and seamlessness in your estate process, help and guidance from a will lawyer can be hugely impactful. With their expertise, you’ll be able to more easily navigate unfamiliar legal terminology, state-specific requirements, and will updates, and more securely be able to mitigate potential issues with unique family situations or challenges to the will. While some who have simple estates and more straightforward wishes won’t particularly need the guidance of a will lawyer, individuals with complex estates, blended families, or uncommon concerns will surely benefit from the expertise of a will lawyer in their estate planning process.

Understanding When You Need Will Lawyers

Do You Need a Will and Trust Attorney for Comprehensive Estate Planning?

Kind of, the more comprehensive you’d like your estate planning to be, the more you’ll benefit from consulting a will or trust attorney in the process. Because of their legal impact, wills and trusts require a certain understanding of legal language and state-specific legal requirements. In some basic cases, these requirements can be confidently met using a trustworthy will template and some quick research. However, a wide array of complex estate situations exist (and are more common than you’d think) that necessitate the help of an attorney to ensure that the estate plan holds water. If you’ve got a high-value estate, have international assets, own a business, have a blended family or multiple marriages, have dependents with special needs, or are worried about undue influence in family/beneficiary dynamics, it’s recommended that you leverage the assistance of a legal professional in the planning of your estate. Their experience and knowledge will prove useful in navigating these complex situations, giving you the peace of mind that your affairs are in order and ready to withstand any challenges that may arise after your passing. 

Holographic and Nuncupative Wills: Are They Valid Alternatives to Formal Wills?

Yes and no, The answer largely depends on where you live. Before we jump into the validity of holographic and nuncupative wills, let’s make sure their definitions are clear. In its most general sense, a holographic will is a handwritten last testament that is written, signed, and dated completely and solely by the testator (or the person creating the will). A nuncupative will (sometimes referred to as an oral will) is a will spoken aloud by the testator, made in the presence of witnesses in the testator’s final moments. While both holographic and nuncupative wills seem relatively straightforward, it’s important to understand the limitations (legal and otherwise) that come with each. 


Holographic wills aren’t recognized in all U.S. states – in fact, only around half of U.S. states accept them, and they typically must be completely in the handwriting of the testator to be accepted. Additionally, they don’t require witnesses or witness signatures. This means that holographic wills are generally more prone to challenges, misunderstandings, omissions of key information or beneficiaries, and other errors that can ultimately lead to legal disputes and unneeded family drama. As such, it’s recommended that you forego the initial simplicity of a holographic will and instead complete a legally-sound, thorough will with the help of a template or will attorney, ensuring all your bases are covered and your loved ones can handle your estate smoothly. This is especially recommended for those with complex estates.


Nuncupative wills face even more legal limitations than holographic wills. Only a small few U.S. states recognize them as valid, and they’re often restricted as far as the types of assets and total value that can be distributed. Because nuncupative wills are made orally in the presence of several witnesses, they’re often left open to interpretation that can lead to misunderstandings and battles between potential beneficiaries, even once written down after the testator makes their wishes known. Though nuncupative wills can be a suitable last resort for those who haven’t previously set time aside for estate planning, we recommend taking a more proactive approach and having your wishes documented in a way that is more secure and legally enforceable. 


So, to sum it up, a holographic will (handwritten, with no witnesses) and a nuncupative will (spoken aloud, with witnesses) share these downfalls:


  1. Not legally enforceable in every state

  2. More prone to challenges from beneficiaries

  3. More prone to misinterpretations

  4. May not include all relevant information for the distribution of assets

Blended Families: Why Will Lawyers Are Essential for Complex Family Structures

Blended families, which we’ll define as families that include stepchildren, step-parents, and/or half-siblings, can run into several unique roadblocks in estate planning. When a will isn’t clear, or is left open to misinterpretation, a blended family stands to face more challenges than other families might. Here are some of the issues a blended family might encounter when carrying out a will without clear directives:

  • Unequal treatment of children, whether intentionally or unintentionally, that may show preference toward step-children over biological children or vice versa

  • Clash between children’s inheritance and spousal rights, resulting from a challenge in balancing the needs of a surviving spouse and the wishes for children from previous relationships

  • Difficulty in dividing family heirlooms fairly, and difficulty determining which assets are shared and which were brought into the marriage by each spouse

  • Potential conflicts between step-parents and biological parents over guardianship of minor children


To proactively mitigate these issues, we highly recommend that blended families consult an experienced will or trust attorney to create a clear, detailed plan. It’s also worth looking into utilizing trusts to provide for all parties involved in the estate distribution, and naming a neutral third party as the executor to nip potential conflicts in the bud. 

Special Needs Trusts: How a Special Needs Trust Attorney Can Protect Your Loved Ones

For individuals who have family or dependents with special needs, it’s important to be aware of the option of a special needs trust (or SNT). An SNT is a trust designed to provide supplementary financial support to an individual with disabilities or special needs. The financial aid from these trusts acts hand-in-hand with government assistance programs like Medicaid or SSI, meaning an SNT doesn’t affect an individual's eligibility for government benefits. 


A special needs trust can create immense peace of mind for the testator, beneficiary, and other loved ones, but can be complex to set up and manage. We recommend that individuals with this family situation work with an experienced, specialized special needs trust attorney to ensure your loved one receives the support you want them to without jeopardizing their access to government benefits. 

Beneficiaries and Legal Complexities: When Consulting Will Lawyers Becomes Crucial

While naming beneficiaries might seem like the most straightforward part of the estate planning process, legal complexities often lurk around corners that testators aren’t aware of. For example, if an individual doesn’t update the beneficiaries in their estate plan after relevant life changes (marriage, divorce, births, or deaths), assets may be distributed to outdated recipients. If an individual directly names a minor as a beneficiary, legal complications will ensue because minors can’t manage inherited assets. Some assets may cause unintended tax consequences for beneficiaries, and some beneficiary designations can even conflict with other elements in an individual’s estate plan. 


The good news is that navigating these hurdles becomes easy with the help of a will lawyer! They will assist you in regularly reviewing and updating your estate plan, navigating minor beneficiary designations, providing guidance on tax strategies for beneficiaries, and ensuring consistency across every element of your estate plan.  

When You Might Not Need a Will Lawyer

After discussing so many complicated estate situations and legal hurdles, it’s important to also note the flip side: if you’ve got a small, straightforward estate, you may not need to consult a will lawyer in your estate planning process. If your assets and wishes are relatively simple, a basic, state-specific online will template should serve your estate planning needs perfectly. For some assets, like life insurance policies and retirement accounts, your financial institution can often help you designate beneficiaries for those assets without legal assistance. However, always keep in mind that attorneys are available for consultations, and that’s worth it even for simple estate situations if it brings you and your family more peace of mind in the process.

Conclusion

So, let’s wrap this all up with a succinct review. If you’re navigating a complex family or estate situation, such as distributing assets in a blended family, securing care for a dependent with special needs, or managing a high-value estate, you’ll benefit from the guidance and knowledge of a will lawyer. Their assistance will ensure that your assets are taken care of according to your wishes, that potential disputes are minimized, that your will is legally enforceable, and that your family experiences a more seamless estate process after your passing. 


If your estate situation is straightforward and uncomplicated, you may not need the assistance of a will or trust attorney. However, it’s still crucial to plan your estate properly. This can be accomplished with the use of online will creation services (like ours) that account for state-specific requirements and proper legal language. When you use our online will creation service, be sure to check out our online notary feature as well, and take advantage of the opportunity to make free changes for life (making sure you have the most accurate, up-to-date will possible). Take a proactive step forward in your estate planning and work with us today!

Frequently Asked Questions

Q: Can I Create a Legally Binding Will Without a Will Lawyer?

A: Yes, this is possible through reputable online services that offer legal templates and guidance, such as our online will creation service at Wills Inc. 


Q: What Is a Nuncupative Will and Is It Accepted in All States?

A: A nuncupative will is an oral will made in front of witnesses (spoken out loud in front of several people), and its acceptance varies by state. Very few states recognize a nuncupative will as being legally valid, and even then, it must meet several requirements and is quite limited in scope.


Download the Wills App For Android and IOS today and start uploading and scheduling your interactive estate plan. 


Download the Ios App Here


Download Android APP Here.




Have more questions? Explore additional topics in our Learning Center or connect with our customer support team through our Contact page. Wills.com provides easy-to-use legal forms and resources for estate planning. Please note that we are not a law firm and do not offer legal advice.

Get started on your state-specific legal will with no further delay!

By starting your will, you agree to our Terms of Service.