The Risks of DIY Estate Planning

Many people turn to do-it-yourself estate planning software because it feels quick, affordable, and manageable. And for very simple situations, those tools can seem to do the job. The trouble is that estate planning rarely stays simple when life gets complicated. Family dynamics such as blended families, property ownership, beneficiary designations, taxes, and future incapacity all intersect in ways the software cannot fully evaluate. That is where the risks of DIY estate planning creep in.

Below are some of the most common problems I see when people rely on DIY estate planning solutions instead of legal guidance.

The forms don’t understand your life

Most DIY estate planning tools work by asking you a series of questions and then inserting your answers into standard legal language. If you answer every question, the software will produce documents that look complete and official, even if they have significant flaws.

The software does not recognize when a second marriage may create competing interests between a spouse and children from a prior relationship. It will not pause to consider whether a child with special needs could lose public benefits, or whether a beneficiary designation quietly conflicts with the plan you think your Will sets out. It cannot tell when jointly titled property changes who actually receives an asset, regardless of what the documents say.

Most importantly, the software can only work with the information you give it. It answers the questions you know to ask.

An experienced estate planning attorney’s role is often to ask the questions you did not realize mattered, and to spot issues that only become obvious when you step back and look at the whole picture.

Small mistakes can have big consequences in estate planning

I regularly review DIY documents that look fine at first glance but contain errors that invalidate or weaken them.

Common issues include:

• Improper execution, such as missing witnesses
• Language that conflicts internally or with state law
• Outdated provisions
• Vague instructions that invite interpretation and dispute

These mistakes usually do not surface until death, when it is too late to correct them. At that point, the cost is measured in delay, expense, and potentially, family conflict.

Probate and non-probate assets are often misunderstood

Many people assume a Last Will and Testament controls everything they own. It does not.

Assets with beneficiary designations, such as life insurance, retirement accounts, and certain bank accounts, pass outside of probate. So do assets held in certain forms of joint ownership. DIY estate planning is risky because it often fails to help users coordinate these non-probate assets with their overall plan.

The result is an estate plan that looks complete on paper but does not actually control how assets actually transfer to beneficiaries.

Risk of DIY estate planning for revocable trusts

DIY companies often market revocable living trusts as a simple upgrade from a will that will help you avoid probate.

In reality, a trust plan only works if every moving part works together correctly, and that is where DIY approaches often break down.

A trust is not effective simply because it exists. Assets must be titled into the trust properly, beneficiary designations must align with the trust terms, and backup provisions must be coordinated with powers of attorney. If any of those steps are missed or misunderstood, the trust may not control assets the way you expect.

DIY platforms typically provide instructions, but they cannot confirm whether those instructions were followed correctly or whether they make sense for your specific situation. They do not see when a retirement account is left outside the trust for good reason, or when real estate titled jointly defeats the trust’s purpose entirely.

Trust plans also tend to involve family dynamics that software cannot evaluate. Blended families, long-term partners, minor children, adult children with financial challenges, or concerns about future incapacity all introduce layers of judgment that go beyond form-filling.

For many families, the greatest risk is not that a DIY trust is completely invalid. It is that the plan works partially, or differently than intended, and those gaps only surface after someone becomes incapacitated or passes away. By then, the opportunity to fix them is gone, and probate will likely be necessary.

Family conflict becomes more likely

Ambiguity opens the door to conflict.

When estate documents are unclear, incomplete, or inconsistent, surviving family members are left to interpret your intent. That interpretation often happens during grief, stress, and old emotional fault lines.

Clear drafting, thoughtful structure, and careful explanation by an experienced estate planning attorney can reduce the risk of disputes. Understanding how to navigate personal conflict in a highly-charged environment is a deeply human skill.

The savings of DIY estate plans are often an illusion

DIY estate planning feels less expensive upfront. But when problems arise, the cost of fixing them through probate litigation or corrective court proceedings can far exceed the cost of proper planning.

I often tell clients that estate planning is not about documents. It is about outcomes. The goal is not to have a Will or a trust, but to have your wishes carried out smoothly and privately.

When legal advice matters most

Estate planning touches your family, your finances, and your legacy. It also involves state-specific law, including execution requirements and probate rules that vary from state to state.

An experienced estate planning attorney helps you understand your options, avoid unintended consequences, and create a plan that actually works the way you intend.

DIY tools can be a starting point for thinking about goals. They are rarely a substitute for legal advice. If your plan matters to you, and it should, it deserves careful attention and informed guidance.