A do-it-yourself will can fail for reasons that have nothing to do with your intentions: missed witness requirements, vague language, or a will that never surfaces after you die. Most of these risks are avoidable with a structured platform and a short checklist, which is different from writing a will on a blank page with no guardrails.
Risk 1: Not Meeting Your State's Legal Requirements
Every state sets its own rules for how a will has to be signed and witnessed. Some require two witnesses to watch you sign in person; others allow the witnesses to acknowledge your signature later. If you draft a will from a generic template not built for your state, you risk missing a formality that a court later treats as fatal to the whole document.
How to avoid it: Use a platform built around your specific state's rules rather than a one-size-fits-all form, and confirm the witness and signing rules before you finalize anything.
Risk 2: Vague or Ambiguous Language
Generic phrases like "my personal belongings" or "my vehicles" can mean different things to different family members, and ambiguity is exactly what fuels a will contest. Handwritten wills, known as holographic wills, are especially prone to this problem, and Cornell Law School's Legal Information Institute notes that whether they are valid at all, and under what conditions, varies significantly from state to state.
How to avoid it: Name specific assets and specific people. If you want to leave "everything else" to someone, say so explicitly with a residuary clause instead of leaving it implied.
Risk 3: Not Addressing Complex Family Situations
Blended families, children with special needs, or a beneficiary who struggles with money are all situations a generic will template tends to handle poorly. A one-size instruction like "divide equally among my children" can create real unfairness when one child has significantly greater needs than another.
How to avoid it: Walk through your specific family structure step by step rather than assuming a standard clause covers it, and consider a trust if you want more control over how and when a beneficiary receives their share.
Risk 4: Ignoring Tax Implications
Most people will never owe federal estate tax. According to the Internal Revenue Service, the federal estate tax only applies to estates above a set filing threshold, which rises most years for inflation; check the IRS page for the current year's threshold before assuming you are affected. Some states also levy their own estate or inheritance tax at lower thresholds than the federal one, so a plan that ignores state tax rules entirely can still create a surprise.
How to avoid it: If your estate is large or you own a business, involve a CPA or estate planning attorney for the tax-specific pieces, even if you use an online platform for the will itself.
Risk 5: Skipping the Rest of the Estate Plan
A will only controls what happens to property that has to pass through probate. It does not cover a power of attorney for finances, a health care directive for medical decisions while you are alive, or the details of a trust. A DIY will that stops at the will itself leaves real gaps.
How to avoid it: Treat the will as one piece of a larger plan and pair it with a power of attorney and health care directive.
Risk 6: Never Updating It
A will written years ago does not automatically reflect a marriage, divorce, new child, or new state of residence. Life events can render provisions outdated or, in some states, automatically revoke parts of an old will.
How to avoid it: Review your will after any major life change and at least once every few years even if nothing changes, since laws themselves can shift too.
Risk 7: No One Knows the Will Exists
A will that no one can find is functionally the same as no will at all. This has happened to public figures with real resources and real intentions; the document existed, but no one could locate it in time.
How to avoid it: Tell your executor and at least one trusted family member exactly where the original document is stored, whether that is a fireproof safe, a bank box, or secure digital storage.
How FastWill Reduces These Risks
FastWill's online will platform is built around each state's specific legal requirements, so the formalities in Risk 1 are handled for you. The guided question flow is designed to catch vague language, prompt you for guardians and alternates, and remind you to review your plan after big life changes. For a closer look at the specific items to include, see things you should always put in your will and our related roundup of the top mistakes when drafting a DIY will. If your family situation is more complex, pairing your will with a trust can address the gaps a will alone leaves open.
Frequently Asked Questions
Are DIY wills legally valid?
Yes, in every state, as long as the will meets that state's specific signing and witnessing requirements. The risk is not that DIY wills are inherently invalid, it is that generic templates sometimes miss a state-specific formality.
Is a handwritten will the same as a DIY will?
No. A handwritten, or holographic, will is a narrower category that some states do not recognize at all, and even where it is allowed it is more likely to be challenged for lack of clarity than a typed, witnessed document.
Do I need a lawyer if my estate is simple?
Not necessarily. A straightforward estate without complex tax issues, business interests, or contested family dynamics can often be handled with a properly built online will. More complexity generally calls for professional input on top of, not instead of, the will.
What is the current federal estate tax exemption?
It changes almost every year for inflation and by law. Check the IRS estate tax page for the current year's exact filing threshold rather than relying on an older figure.
How often should I update my will?
Review it after any marriage, divorce, birth, adoption, death of a named beneficiary or executor, move to a new state, or significant change in assets, and take another look at least every few years even without a major event.
