They're affordable, they're fast, and they make the whole thing sound really simple. Answer a few questions, fill in a few blanks, ask ChatGPT to write things up for you in a pretty way, download a PDF, and voila! Your estate plan is taken care of… Right?
Not exactly.
We understand the appeal of this process. You can do it all from your couch without having to call anyone or schedule any appointments! Estate planning isn't something most people look forward to, and somehow working your way through a little online questionnaire makes it feel a lot less daunting. But we are here to urge you to reconsider!!! These services are selling the
feeling of having a plan, not having an actual one.
We thought we’d have an honest, straightforward chat with you about what online will services actually deliver and where they frequently fall short. And unlike choosing the wrong kind of ice cream at the grocery store where you get a do-over, your will and estate plan are really an item that you don’t want to get wrong.
What Online Will Services Actually Are
Most online will services are essentially document assembly tools. When you create an account, you answer a series of questions, the platform plugs your answers into a pre-built template, and out comes a document that looks like a will. Some platforms are more sophisticated than others, and a few do allow for a basic legal review at an additional cost. But at their core, they are designed for speed and simplicity. That means they are built around the most straightforward, uncomplicated scenarios imaginable. Things need to be thought of with care in these matters and cannot be so easily “crammed” into template forms. As well, the importance of attorney involvement from the beginning to the conclusion of estate planning matters is a critical element that online platforms miss.
The Problem with Templates
A template-based will can only account for what the template was designed to handle, and it cannot ask you the questions an experienced attorney would ask. It cannot flag the issue it noticed in how you answered pre-selected questions. It cannot tell you that the way you've structured your beneficiary designations is going to conflict with what your will says. It cannot warn you that what you're trying to accomplish actually requires a trust rather than a will. It cannot coordinate a Power of Attorney and other documents with an overall plan. And it cannot catch the clause you've included that may not actually hold up under New York law or discover missing clauses and provisions in various documents. As well, it does not assess capacity and provide the backing of technical requirements that would be foundational with attorney involvement. Both in assessing capacity and handling the technical requirements at the time of signing estate planning documents, attorney involvement is important.
At the end of that questionnaire that was super simple to fill out, all you get is a document that appears complete… Not one that actually is. New York has specific requirements for how a will must be executed to be valid. Among others, It must be signed in the presence of at least two witnesses, neither of whom can be a beneficiary under the will. The witnesses must sign both in your presence and in the presence of each other. If these requirements aren't met precisely, the will can be challenged or deemed invalid entirely during probate. An online service can tell you what the requirements are. It cannot orchestrate the process to ensure that the will meets the legal requirements in New York.
What You're Actually Saving and What You're Actually Risking
We know. The upfront cost difference between an online will service and working with an estate planning attorney is notable. Also notable are the potentially huge attorney fees and litigation costs down the road with wills (or “plans”) that just don’t make the cut or sow the seeds for problems. The cost comparison most people are making is incomplete, because it only accounts for what you spend now. It does not account for what families often pay when estate plans aren’t thoughtfully created and customized to your specific needs.
So, what happens when an online will is improperly executed, ambiguous, or missing critical provisions? It fails to accomplish what was intended during the time it matters - that being probate! This is the time your loved ones are already grieving, already stressed, and already navigating a legal process they didn't ask for. The cost of fixing or fighting over a flawed will can far exceed what was saved by using a template in the first place. Attorney fees, court costs, delays, and family conflict are all on the table when an estate plan doesn't hold up. We chat about this in detail in our recent post,
Do I Really Need a Lawyer to Write My Will? Yes, Yes, Yes! The question isn't really whether you can create a document on your own. We know you can create it! The question is whether that document will actually protect your loved ones and family when it counts.
The Things an Online Service Can't Know About You
What are a few things that templates don’t understand? They don’t understand probate and what will be required at that time. They don’t understand your family dynamics. They don’t know that you have a child from a previous relationship whose inheritance needs careful thought. They don’t know that one of your beneficiaries has a disability that could affect their eligibility for government benefits if they inherit directly (super important!!!) They don’t know that you own a small business, or that you recently inherited your mother’s house in another state, or that your spouse has significant debt that could affect the estate. They don’t know that the person you're thinking of naming as executor hasn't spoken to half your family in years.
Templates do not know YOU and your LOVED ONES.
These are the kinds of real-life details that show up in family after family at our office. These are exactly the kinds of details that require a real conversation with a real person who knows what questions to ask. Not a template. Not AI. Just real live people having a very real conversation about what you want your plans to look like.
An experienced estate planning attorney doesn't just draft documents. They listen. They ask questions you hadn't thought to ask yourself. They spot the issues you didn't know were issues. And they make sure the plan you leave behind actually reflects your life. Not a simplified version of it that fit neatly into a web form.
Are Online Wills Ever a Good Option?
This is a fair question, and we'd rather answer it honestly than just tell you NO!!! For a very small number of people, a basic online will MAY BE something . . . but only as a temporary placeholder. It actually does depend on the situation and various factors.
The unfortunate reality that we see in our practice is that most people who turn to online will services need planning with an attorney. They are parents. They are homeowners. They are business owners or blended families or people with aging parents of their own. They have retirement accounts, beneficiary designations, and family dynamics that don't fit neatly into a little template. These individuals and their estates deserve more than a document that was built for the simplest possible version of someone's life (and without the benefit an attorney provides).
When It’s All Said and Done
If you've been putting off your estate plan because the whole thing feels overwhelming, or if you've already used an online service and aren't sure whether what you have is truly solid, we'd encourage you to have a conversation with an estate planning attorney before assuming everything is good to go. To learn more about what comprehensive estate planning looks like and how we can help, you can visit our
Estate Planning page or schedule a
Free, 10 minute call to get the ball rolling. For your will, your estate, and your loved ones and family, getting it right the first time is always worth it!
