By Reganne M. McMichael. Esq.
For many, a key objective of estate planning is to ease the process for loved ones after their passing. While various methods and resources enable individuals to create or modify a Last Will and Testament without consulting an estate planning attorney, doing so may result in unforeseen complications, making estate administration more difficult for those left behind. Below we address some common steps taken by individuals that, while potentially valid, may result in issues after passing.
Handwriting your entire Will
One common method among individuals is handwriting their Last Will and Testament. While a handwritten Will (also called a holographic Will), can be valid in Pennsylvania, certain requirements must be met. First, the holographic Will must be entirely in the handwriting of the testator (the person creating the Will). Second, the holographic Will must be signed at the end by the testator. 20 Pa. C.S. § 2502. While these requirements must be met for a holographic Will to be considered valid, there is a chance that the Register of Wills might not admit it to probate.
Making handwritten edits to an existing Will
Another common practice is making handwritten changes to a previously executed Will. These handwritten changes, called interlineations, include crossing out or changing provisions or names. While it is possible to admit a Will with interlineations, if not properly executed, such interlineations have no effect. In re Supplee’s Est., 57 Pa. D. & C.2d 40 (Pa. Com. Pl. 1972). Therefore, your true intentions for your estate planning may not be honored.
While both methods can create a valid Will, they also tend to face more scrutiny when attempting to probate this type of Will for administration. Holographic Wills and Wills with interlineations typically require additional documentation in order to be admitted to probate. Often, this additional documentation correlates to additional legal costs and fees that would not have been incurred when admitting a properly executed, self-proving Will.
Online legal platforms
In recent years, online platforms that automatically generate estate planning documents have become increasingly popular. However, there are inherent concerns that exist with the use of such services and the resulting documents; specifically, these documents and services lack the personalization and advice that come from consulting with an estate planning attorney. Further, while the final documents may be valid under the laws of Pennsylvania, they may be lacking additional requirements and critical nuances that could prevent future complications for your loved ones. These platforms may seem like a convenient and cost-effective way to establish an estate plan, but they are no replacement to consulting with an estate planning attorney.
While no estate planning method can completely eliminate the possibility of challenges or disputes, obtaining proper documents prepared by an estate planning attorney can help to dissuade such challenges and disputes that revolve around self-prepared documents. Further, having an estate attorney properly prepare estate planning documents, and consulting with such an attorney prior to making changes to your documents, can eliminate procedural challenges from the Register of Wills. Finally, speaking with an estate planning attorney provides the opportunity to address specific concerns that are pertinent to an individual’s financial and personal circumstances and allows for the creation of a personalized estate plan that benefits your loved ones.
If you are interested in creating a personalized estate plan, call us at 412-209-3200 or email rmcmichael@PaLawFirm.com to schedule a free, no-obligation consultation.