It’s one of those late-night Google searches that seems harmless: “How to write your own will.” You find a free template, plug in a few details, hit print, and file the document in your cabinet. Done, right? Unfortunately, we’ve seen too many Pennsylvanians learn the hard way that a DIY will can leave behind chaos, conflict, and costly court battles.
At Mooney Law, we help clients avoid the traps that come with cutting corners in estate planning. While the idea of handling it yourself might sound appealing—after all, how hard could it be to divvy up your belongings?—there’s far more at stake than most people realize. The reality is this: what you don’t know about DIY wills can hurt your family.
Here’s the shocking truth behind do-it-yourself estate planning and why you should think twice before going it alone.
Why DIY Wills Are So Tempting
We get it. Writing your own will is an innovative and affordable solution. Most online tools boast low costs, convenience, and simplicity. With just a few clicks, they promise to help you draft a legally binding document without the hassle of hiring a lawyer. But just because it’s easy doesn’t mean it’s right.
Estate planning is not one-size-fits-all. The laws that govern wills in Pennsylvania are precise, and even minor missteps can invalidate your entire document. DIY platforms can’t account for the unique aspects of your family, your finances, or your wishes.
The result? A false sense of security—and a legal mess your loved ones will have to clean up.
Pennsylvania’s Legal Requirements for a Valid Will
Let’s start with the basics. Under 20 Pa.C.S. § 2501, Pennsylvania law states that anyone 18 or older who is of sound mind may make a will. But for a will to be legally valid, it must meet specific requirements:
- It must be in writing, either handwritten or typed.
- The testator must sign it, the person making the will.
- If the will is signed by another person on behalf of the testator, it must be done in the testator’s presence and at their direction.
- It should ideally be witnessed, even though Pennsylvania does not require witnesses for a will to be valid. However, self-proving affidavits signed in front of a notary can help avoid problems later during the probate process.
DIY wills often overlook these things. We’ve seen wills that were unsigned, improperly witnessed, or lacked legal language, rendering them useless.
Ambiguity: The Silent Estate Killer
One of the most common issues we encounter with DIY wills is ambiguity. Vague language can turn a seemingly straightforward document into a legal battlefield.
Consider this phrase: “I leave my assets to my children.” Sounds simple, right? But what if you have stepchildren, estranged biological children, or adopted children? Without clear definitions, arguments can erupt over who “counts” as a child.
As a Pennsylvania estate planning attorney, our role is to anticipate these gray areas and eliminate confusion through the use of precise language. We draft documents that reduce the chances of family infighting or costly litigation.
The Dangerous Consequences of Incomplete Planning
A will is just one part of a solid estate plan. When people rely on DIY solutions, they often miss the big picture. A complete estate plan should consider:
- Advance healthcare directives
- Durable powers of attorney
- Guardianship designations for minor children
- Living wills
- Trusts for specific asset protection needs
Online templates don’t ask the right questions—and they can’t guide you through changing family structures, business ownership, or the financial implications of your decisions.
We’ve had clients come to us after the death of a loved one with only a DIY will in hand, completely unaware that major assets like retirement accounts, jointly owned property, or insurance policies pass outside the will entirely. Without proper coordination, this can lead to unintended disinheritance or lopsided distributions.
The Tax Trap
Another crucial element that gets overlooked in DIY wills is taxation. Pennsylvania is one of only a few states that imposes an inheritance tax. According to the Pennsylvania Department of Revenue, the tax rates are:
- 0% for surviving spouses and parents inheriting from a child under 21
- 4.5% for direct descendants (children, grandchildren)
- 12% for siblings
- 15% for other heirs
Failure to plan for these taxes can significantly reduce your estate. Worse, it may leave heirs scrambling to cover the tax burden with little liquidity to do so.
At our estate planning law firm in Pennsylvania, we help clients understand their potential tax liabilities and create strategies, such as gifting during life, creating trusts, or properly titling assets, to minimize those costs.
The Probate Process Can Get Ugly
Probate is the court-supervised process of validating a will and distributing assets. If your DIY will contains errors or raises questions, the probate court may delay proceedings or even throw out the document entirely. This opens the door to intestate succession—where the state, not you, decides who gets what.
Under 20 Pa.C.S. § 2101, Pennsylvania’s intestate laws dictate that assets go to a spouse, children, parents, or extended relatives, depending on who survives you. That might not match your intentions at all.
We’ve helped families navigate contested probate proceedings that were drawn out, emotionally draining, and expensive—all because of a flawed do-it-yourself will. It’s heartbreaking that these issues could have been avoided with proper guidance.
Real Stories, Real Heartache
We once assisted a family whose mother had drafted her own will using a generic template she found online. It looked fine on the surface—simple instructions about who should receive her home, savings, and heirlooms.
But there was no mention of what would happen if one of the named beneficiaries passed away before her. Tragically, her son died six months before she did. Because the will didn’t contain a “per stirpes” clause or a contingency plan, a significant portion of her estate was left without clear direction.
The family fought over whether his children should inherit his share or whether the remaining siblings should split it. It took over a year in probate court to settle the matter—and drained tens of thousands from the estate in the process.
This could have been prevented with a professionally drafted will.
Updates Matter—And DIY Tools Fall Short
Life doesn’t stay static. You might get married or divorced. Your family might grow. You could sell a home or open a business. Yet DIY wills are often treated as a one-and-done task.
That’s a problem. A will that doesn’t reflect your current situation may leave out key individuals, include outdated instructions, or overlook new assets.
As a Pennsylvania estate planning attorney, we work with our clients to regularly update their plans. We review key life changes, shift strategies to adapt to new laws, and ensure your wishes remain clear and enforceable.
Mistakes Cost More Than You Think
Let’s talk dollars and cents. You might spend $40 or $100 on a DIY platform and feel good about the money saved. But the cost of fixing a flawed will later? That can run into the thousands.
- Attorney fees to litigate will disputes
- Court costs during prolonged probate
- Lost inheritances due to invalid documents
- Tax penalties from improper planning
In our experience, families often spend five to ten times more correcting DIY mistakes than they would have spent working with an estate planning lawyer in Pennsylvania in the first place.
What an Estate Planning Lawyer Really Does
At Mooney Law, we don’t just “fill in forms.” We offer a collaborative experience built around your life, values, and goals. We:
- Ask the right questions to uncover risks and opportunities
- Draft custom documents tailored to your situation
- Ensure all legal formalities are properly executed
- Help you coordinate beneficiary designations and asset titling
- Develop tax minimization and asset protection strategies
- Provide long-term guidance as your life evolves
You’re not just getting a document—you’re gaining peace of mind.
We’re Here When You Need Us
We’ve built our reputation on trust, transparency, and advocacy. Whether you’re creating your first will or updating a complex estate plan, we’re here to guide you through the process. As a leading estate planning law firm in Pennsylvania, we bring compassion and clarity to what can be a difficult conversation.
The truth is this: no one wants to think about death. But putting it off or doing it halfway only makes things more complicated for the people you love.
Let’s get it right the first time.
FAQ: DIY Wills vs. Professional Estate Planning
Do I really need a lawyer to write a will?
If you want to ensure your wishes are followed and avoid costly legal disputes, yes. A lawyer provides personalized advice, legal accuracy, and peace of mind.
Are online will kits valid in Pennsylvania?
They can be valid if executed correctly, but they often omit critical language or don’t comply with Pennsylvania-specific rules. Many are rejected or challenged during the probate process.
How much does it cost to hire an estate planning lawyer in Pennsylvania?
Costs vary depending on the complexity of your estate, but the investment is modest compared to the potential financial loss of a flawed or contested will.
Can I update my will on my own later?
We strongly recommend you consult an attorney before making changes. Even simple updates can have legal consequences if not correctly executed.
What happens if I die without a valid will?
Your estate will be distributed according to Pennsylvania intestate succession laws, which may not reflect your true wishes. It can also cause delays and tension among loved ones.
Secure Your Legacy with Mooney Law
Don’t let a DIY solution jeopardize your family’s future. At Mooney Law, we assist clients throughout Pennsylvania in creating estate plans that are legally sound, clearly written, and designed to protect what matters most. If you’re ready to get started or would like to review an existing will, please reach out to us today.
Let’s build a legacy plan you can trust.
