Can You Write Your Own Will? Risks and Realities of Writing a Will and Testament

Many people wonder if they can simply write a will and testament on their own. With so many online templates and DIY kits available, it may seem like a quick and affordable solution. While it is possible to draft a will without an attorney, the reality is that Florida law has strict requirements for what makes a will legally valid, and even a small error can cause major problems for your family after your passing.

In Florida, a will must be in writing, signed by the person creating it, and witnessed by at least two individuals. Oral wills, handwritten wills without witnesses, or improperly executed documents are not recognized by the courts. If these rules are not followed precisely, your will could be declared invalid, leaving your estate to be distributed according to state intestacy laws rather than your wishes.

The risks of do-it-yourself wills are often underestimated. Online forms may not take Florida-specific laws into account, and vague or incomplete wording can easily lead to confusion or disputes among family members. Missing signatures, failing to name a guardian for minor children, or overlooking important financial considerations like debts and taxes can all create unnecessary complications. Instead of saving time and money, families may be left dealing with lengthy probate battles, additional legal fees, and strained relationships.

It’s also important to remember that writing a will is not a one-time task. Life changes such as marriage, divorce, the birth of children or grandchildren, or acquiring new assets can make parts of your will outdated or ineffective. Regularly reviewing and updating your will ensures that it continues to reflect your intentions and protect the people you care about most.

To write a will and testament is ultimately about more than just dividing property; it is about providing a clear plan for your loved ones. At Jacobs & Jacobs, P.A., we understand the complexities of Florida probate law and are dedicated to helping you draft a will that is legally sound, up-to-date, and tailored to your needs. 

Don’t leave your estate to chance. Contact Jacobs & Jacobs, P.A. today to schedule a consultation and let us help you write a will and testament that truly secures your legacy.