Spooky Season Series: DIY Wills Gone Wrong
It’s spooky season, and while I tell my kids that ghosts and haunted houses are fake and should not keep them up at night, there’s one horror story that’s all too real, far too common, and fodder for insomnia: DIY Wills gone wrong.
In this Spooky Season segment, we are going to walk through some ways DIY Wills often go horribly wrong by showing you what we frequently see in court when the time comes to put the DIY “Will” to use.
1. They are Invalid and are not Admitted into Court
Just because a document says “Will” does not mean a court will treat it as one. Florida has strict rules about what makes a Will legally valid. Spoiler alert: simply notarizing is not enough. If those strict rules are not followed to a T, the “Will” is just a piece of paper.
In the legal world, errors that may seem small or harmless could have large consequences for your documents. Missing wording or an outdated form might seem harmless until a judge declares the Will invalid. When that happens, it’s as if the Will never existed.
If a Will is not valid, the estate may have to be distributed according to state law instead of your wishes. The people you love most might get less (or nothing), while estranged relatives you thought you’d written out could rise from the past to claim everything.
In short, if a Will doesn’t meet Florida’s strict legal standards, it won’t protect your wishes (no matter how official it looks).
2. They Accidentally Waive Rights (Think Homestead)
Buried deep in many DIY Will templates are clauses that unknowingly waive legal protections. One of the most frightening? Waiving homestead rights. As us Floridians know, homestead protections safeguard your home. A protection near and dear to many Floridians. In probate, homestead protections keep costs down and shield the home from creditors. A good estate planning attorney makes sure your rights are protected, not ghosted by frightening clauses.
Without careful legal drafting, you could unknowingly sign away vital protections that Florida law was designed to preserve.
3. They Leave Someone Out… or In!
DIY wills tend to be one-size-fits-all. But families are not one-size-fits-all. It’s frighteningly common for people to forget to include (or exclude) someone important.
Maybe you meant to provide for a stepchild, or maybe you did not mean for your sibling to be in line to inherit. Without the right language, courts could interpret your Will in unexpected ways. These kinds of omissions can unleash family drama worthy of a horror movie: fights, lawsuits, and relationships that never recover.
A single missing or wrong word in a DIY Will can turn your final wishes into a family feud that lasts far beyond the grave.
Lesson to Learn?
A Will isn’t just a form. It’s a plan — a roadmap for your loved ones to follow when you’re not there to guide them.
DIY wills might seem like a shortcut — but they can leave a trail of legal ghosts in their wake. They can create chaos instead of clarity, confusion instead of comfort. The people you leave behind could be left battling paperwork, lawyers, and one another, all because the document was not done right. That’s a true horror story.
A professionally drafted will ensures your wishes are honored, your home is protected, and your loved ones don’t get trapped in a legal nightmare.
At Brett Legal, we carefully craft Wills to ensure your specific intentions are honored. If you are in need of an attorney to prepare your Will, do not hesitate to contact us.
Sincerely,
Silvia A. Brett, Esq.
Silvia Brett is an attorney who handles Estate Planning and Probate throughout the state of Florida and Florida Supreme Court Certified Circuit Civil Mediator based in St. Petersburg, FL. Click here for more information.
Disclaimer: The information provided on this blog is for general informational purposes only and is not intended to be legal advice. The content may not reflect the most current legal developments, and it is not guaranteed to be complete or up-to-date. The information on this blog should not be taken as legal advice for any specific case or situation. You should not act or refrain from acting based on any content included in this blog without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in your jurisdiction. The author expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this blog. If you have any questions about your legal rights or obligations, you should consult an attorney.
