I already know what you're going to say, but here goes: Do you think it's OK for me to draft my own will or download one from the Internet? -- Jack, Chester

There may be some cases where, because of the size (small) and nature (uncomplicated) of a person's estate, a do-it-yourself will kit found on the Internet or in a book will suffice. Ha, you weren't expecting that answer, were you? However, now that I have walked—ever so briefly—on the wild side, let me emphasize that I do not recommend buying MA wills online.  If you want to save money, shop at K-Mart or brew your own coffee, don't risk messing up something as important as your estate plan. If you truly believe you cannot afford to pay an attorney, go to our Information Links page for information about organizations that can help you find legal assistance at a reduced rate. 

 Effective estate planning requires both an expertise in federal and state tax law and an understanding of archaic concepts that are codified in mind-numbing statutes. It is a minefield for the unprepared into which more than a few lawyers have stumbled. Even with a "simple" will, seemingly small errors in draftsmanship or in execution can result in a huge disparity between your estate planning goals and the actual result of your—less than perfect—efforts.

One of my colleagues told me a sad, yet illustrative, story about a relatively young man who discovered he had a terminal illness and wanted to prepare a will that would leave all he owned to his wife. He downloaded a form from the Internet, filled it out, signed it, and had it witnessed by two competent adults. Unfortunately, one of the witnesses was his wife. In Massachusetts, if a beneficiary of a will acts as a witness then the will is still valid, but the witness/beneficiary cannot take any property under the will. Although Massachusetts law allowed the wife to claim her "spousal share" (a statutorily mandated portion of the deceased spouse's estate that the surviving spouse may elect to claim even if she has been specifically excluded by the will), instead of getting all of her husbands estate, the wife had to hire a lawyer to claim a small percentage. 

 I don't have space to describe all the other traps you can fall into, but if you simply must do it yourself, Jack, at least make sure you follow these guidelines for proper execution of your will:

1) The testator must be of sound mind and at least 18 years old;

2) The execution must be witnessed by two competent adults who are not beneficiaries;

3) The witnesses should be in the room when the testator signs and watch the actual signing of the document; and

4) A will with a self-proving affidavit (in which the witnesses acknowledge they witnessed the signing of the document by a testator who appeared to be old enough and of sound mind) must be notarized to be effective.