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Do I Need an Attorney to Make a Basic Will in Vermont?

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When you are just beginning the process of estate planning, creating a Last Will and Testament is often the logical place to start. It can be tempting to go the do-it-yourself route and download a free or inexpensive Will template online. These DIY documents promise to save you time, money, and stress. If it seems like a straightforward task, you may wonder why paying for legal assistance is necessary. After all, it is just a simple Will. Yet what may appear to be a basic legal form often turns out to be far more complex once you consider what the document must do and how Vermont law applies to it. In truth, the Essex Junction attorneys at Unsworth LaPlante, PLLC explain several important reasons why even a basic Will should be drafted with the guidance of an experienced Vermont estate planning attorney.

A “Simple” Will Does More Than You Might Think

Many people refer to their Will as “simple,” but that term can be misleading. Even a basic Will is designed to carry out multiple important legal functions. These include ensuring that your estate does not fall under the rules of intestacy. Dying without a Will means that the Vermont intestate succession statutes determine who inherits your property, regardless of your personal wishes. Your Will allows you to make clear and legally binding gifts. You might leave a specific item, such as a treasured heirloom or collection, to a particular person. Alternatively, you might distribute portions of your estate more generally, such as dividing your estate evenly among several beneficiaries. You have the opportunity to name an Executor in your Will. This person is responsible for handling the probate process, which may include collecting assets, paying debts, and distributing the remaining property to your heirs. Finally, if you have minor children, your Will is the legal document where you nominate a Guardian. This nomination is the only way for you to tell the court whom you trust to care for your children if something happens to you.

The Risks of a DIY Will

Free or low-cost Will templates found online may look appealing, but they are not without risks—some of which can result in significant complications for your loved ones after your death. A few of the most common issues with DIY Wills include:

  • Stray Assets: One of the biggest problems is leaving assets out of the Will entirely. If your Will fails to address every asset, the court may have to apply Vermont’s intestacy laws to determine who inherits the leftover property. This defeats one of the primary goals of executing a Will in the first place.
  • Outdated Language: Another concern is outdated or legally incorrect language. Many downloadable forms were created years ago and never updated. Vermont’s probate laws may have changed since then, which can render certain provisions invalid or ambiguous, increasing the chance of costly court involvement.
  • Failed Interaction: Additionally, estate planning is not just about creating one document. Your Will needs to work seamlessly with other components of your overall plan, such as powers of attorney, health care directives, or trusts. DIY forms often do not take the interaction between these documents into account, which may cause inconsistencies that lead to confusion or litigation.
  • Not State Specific: Many forms are not tailored to the laws of any one state. Vermont has specific statutes that govern how Wills are written and interpreted. Using a generic form that fails to follow Vermont’s legal requirements could mean that your Will is not enforceable.
  • Improper Execution: Problems frequently arise from improper execution. Each state has rules for signing and witnessing a Will. In Vermont, these formalities are critical. A form that does not explain the correct process may lead you to sign it improperly, which could result in the court refusing to admit it to probate.

Why Legal Guidance Matters

Working with an experienced Vermont estate planning attorney offers peace of mind that your Will reflects your intentions and complies with all legal requirements. An attorney will help you account for all your assets, clarify your instructions, and ensure your estate plan is both complete and cohesive. They can also advise you about options you might not know are available, such as using a trust to protect certain assets or minimizing probate. Ultimately, your Will is a legally binding document that affects your family and your legacy. Trying to create it without professional advice may save you a little money in the short term, but the potential costs of mistakes, delays, or disputes in the future can be far greater.

Can We Help You Create or Update Your Vermont Will?

For more information, please attend one of our upcoming FREE webinars. If you would like assistance creating or updating your Vermont Will, contact an experienced Essex Junction estate planning attorney at Unsworth LaPlante, PLLC by calling 802-879-7133 to schedule your appointment today.

Ellen LaPlante
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