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Whether you have children who need to be supported or simply want to make sure your spouse is ready for their golden years, planning ahead is important. Making a will is the first step in planning the division of your estate and how your loved ones will be cared for.

Planning for the inevitable is already intimidating enough. On top of worrying about writing a will in PA, you may also be uncertain about whether you need to hire a lawyer. Ultimately, Pennsylvania doesn’t require anyone to hire a lawyer to write a will. However, there are important situations where you will want an attorney to help you prevent expensive errors and a contested will.

Understanding the Basics: What Makes a Will Valid in Pennsylvania?

Under 20 Pa.C.S. §§ 2501–2521, Pennsylvania wills are held to certain standards in order to be considered valid. The following are the most important requirements that your will must meet.

• Age: The individual must be at least 18 years old.
• Written Document: The will must be typed or handwritten, so it can’t be given orally.
• Mental Capacity: The individual must be of sound mind when they make their will.
• Testator Signature: The will must be signed at the end by the testator. If the testator cannot sign, another person may sign at their direction.

While you technically don’t have to have witnesses in Pennsylvania for your will to be valid, it’s worth noting that it’s generally a good idea. Witness testimony or a notarized, self-proving affidavit can help you simplify the probate process and avoid potential disputes.

Risks of Creating a Will on Your Own

Technically, you can complete all of the previous requirements on your own, so you don’t necessarily have to have a lawyer. Sometimes, people download example wills online, use a cheap app, or create a handwritten will. While this approach is legal, it can lead to potential issues. 

Legal Mistakes

First, trying to handle a document like this on your own places you and your beneficiaries at risk. For example, if you forget to sign your will, the will might become invalid. In this instance, the court could even decide to throw the will out.

There’s a saying that it’s impossible to know what you don’t know, and this is especially true when it comes to Pennsylvania’s courts. If you don’t know you’re supposed to get rid of previous versions of your will, you could end up with multiple versions in your desk. When this occurs, it can create added ambiguity. Any ambiguity can lead to a contested will and increase the amount of stress your beneficiaries experience as they try to resolve the probate process later on.

Tax Planning

Top-rated Pennsylvania attorneys know the ins and outs of estate planning. At the Clause Law Group, we understand the tax implications of setting up trusts, designating beneficiaries, and changing the titles on your properties. This type of financial knowledge can save your heirs a significant amount later on.

Specialty Situations

A DIY will that you get online is only going to have information for the basic situation. If you have stepchildren, an adult child with a disability, or estranged relatives, these wills won’t work. You need careful planning to ensure that your desired heirs are actually the ones who end up inheriting.

The Advantages of Working With an Experienced Pennsylvania Will Attorney

The law might not require you to hire a will lawyer, but it is generally a good idea. Partnering with a top-rated attorney can provide you with some of the following benefits.

• Dispute Avoidance: By being precise, your attorney can help prevent potential disputes over your will.
• State Compliance: Every state has different rules. A lawyer ensures your last will and testament in PA is valid and enforceable.
• Customized Solutions: When you work with a professional, you can get tailored solutions to designating guardians for minor children, determining business succession, setting up a revocable trust, and more.
• Ensure Peace of Mind: More importantly, a will attorney can ensure that you enjoy better peace of mind. You need to be completely assured that your loved ones will be protected no matter what happens.

When You Should Really Hire a Lawyer

Ideally, you should have a lawyer any time you write a will. However, there are specific situations where you can’t afford to go the DIY route.

• You have significant business interests.
• You’re interested in giving part of your estate to charity.
• You have or care for a child with special needs.
• You have a blended family or complicated family dynamics.
• You’re concerned someone is going to contest your will.

Get Legal Help From a Professional Will Lawyer

If you’re located in Honesdale, Lake Ariel, Scranton, Hamlin, Mount Pocono, Newfoundland, or the surrounding areas, our experienced legal team can help you create a will. We can inventory your assets, select an executor, designate your beneficiaries, and help with all aspects of your estate planning.

For more information about writing your will, reach out to the Clause Law Group today.