An Online Estate Plan Might Work—Until It Doesn’t

These days, you can do just about anything online, including preparing Wills and Trusts. Virtual estate planning platforms promise speed, simplicity, and affordability. For many people, especially those with straightforward needs, that can sound like an ideal solution.  

But here’s some candid advice from the estate planning and probate attorneys at our firm: estate planning is not a one-size-fits-all transaction. Online wills, trusts, and other documents usually attempt to apply to any person in any state. But in making that attempt, they frequently miss state-specific legal requirements and fail to meet the needs of your specific scenario.

Different states have different laws and legal requirements that an online form may not address. Your family and asset situation may be more complex than you think. What seems simple on the surface often hides complexities that an online form will not catch. The benefit of working with a local attorney is having someone who understands your assets, relationships, and the legal landscape that governs both.  

We won’t deny that using an online service might be the cheaper option up front. But as the saying goes, you get what you pay for, and in estate planning, cutting corners now can mean greater costs and complications for your loved ones later. 

For example, many online Will templates include flawed or ineffective self-proving affidavits. Without a valid affidavit, your executor will be forced to track down the original witnesses and get a signed legal statement from them, a task that can quickly turn into an expensive and time-consuming hunt. Most online Wills have some sort of self-proving affidavit, but our probate attorneys have seen courts reject generic affidavits for missing details such as the age of the witnesses. 

Also, online forms frequently fail to include the proper language to address key administrative requirements, such as waiving requirements to file a bond, inventories, and annual returns. Without these waivers, the executor’s job becomes far more burdensome, requiring more time, effort, and cost. 

And it doesn’t stop there. Many online Wills also fail to use the proper, Georgia-specific language to grant the executor essential powers, like the authority to sell real estate, manage business interests, or handle digital assets. A Will without proper authority ultimately leaves the Executor hamstrung at a time when clarity and authority are most needed. And, if not granted in the will, the Executor must go back to the court again to get the authority. 

Perhaps the most serious risk of using an online form is the potential for unintended consequences. Online Wills are typically marketed as being “simple,” but generic Wills and trusts designed for simplicity often fail to address important, unforeseen scenarios like the death of a beneficiary or executor, or the need to protect assets that end up going to minor children. When a Will fails to account for these possibilities, your assets may not be distributed according to your wishes. Such scenarios can actually end up costing your estate or your family more money and time in the long run. 

Georgia law requires Wills to have a very basic minimum set of requirements, so many of these online Wills may technically be “valid,” meaning that they will be accepted and enforced by the court. But a valid Will is not always a good Will, and the way the law interprets and enforces your Will might not be what you intended. A little red wagon may be considered a “vehicle” because it has wheels and a handle to steer. But a car, while more expensive than a wagon, can navigate more difficult terrain, can go farther, provides a smoother ride, is much better to navigate life’s unpredictable roads.