Beware of Wills by Internet or Mail

Hucksters sometimes tell people that since writing a Will is "time-consuming and expensive," why not do it cheaply over the Internet. Or, why not just buy a "package" out of a newspaper or magazine, fill in the blanks, and there it is. After all, those wills are "legal."

Sometimes, financial columnists, who are not even lawyers, also give that advice. Why not get your Will by internet or by mail. Why not, indeed?

There seems to be a tradition in this country of unlicensed people giving free legal advice. A Will, in fact, need not be time-consuming and expensive. It certainly is quick and cheap compared to a probate battle. Further, there are plenty of qualified lawyers who will assist in writing a Will for a reasonable fee. Among the problems with Wills by Internet or Mail are the following:

• It will take you a lot more time to learn the legal intricacies of Wills and Probate than to see a lawyer who already has that knowledge. Therefore, you never have the confidence that your Will by mail or Internet really meets your needs.

• A Will is an important part of an estate plan, but it is not the only part. It may be desirable, in certain limited cases, to put some assets in trust. It may be desirable to make gifts, execute business buy/sell agreements, or provide for disabled relatives. Gifts in trust to minors, or putting property in joint names may (or may not) be wise. There are other possibilities also. The Internet or the Mail will not help you with these, and will certainly not discuss tax and legal consequences.

• If the tax laws change, and the Will should be rewritten, the Internet will not call you up to remind you, and the Mail House will not send you a postcard reminder. Your own lawyer should.

• If you divorce, or have significant asset changes, the Internet will not call you up to inquire about Will changes, and the Mail House will not send you a reminder. Your own lawyer should, of course.

• Many lawyers include Living Wills at little or no extra charge. It's doubtful that the Internet or the Mails will fully explain the ramifications of Connecticut Living Wills.

• All Will kits note that you should "sign the will in front of two independent witnesses." What exactly does "independent" mean? A mistake can cost thousands of dollars in court fees and lost inheritance. The Internet and mail providers do not necessarily keep up with Connecticut case law.

• Your lawyer must keep your information confidential. The Internet, however, has no certain security. Further, who is the "lawyer" in cyberspace that you entrust with your personal information? Who do you sue if something goes wrong? Who is your "contract" with? Similar questions apply to Wills by Mail: with whom is the contract made? Who is the licensed Connecticut lawyer?

A Sad Case
A few years ago, I was visited by a distraught widow. Her late husband had an adult son by a prior marriage. When he married my client, he decided to leave everything to her.

Unfortunately, he hated and distrusted lawyers. He did the will himself, and went to a friend to have it notarized.

It was not done correctly. The result: The widow spent $5,000 in legal fees and lost approximately $20,000.00 from her late husband's estate. His wishes were completely frustrated.

Is it worth it? A will can last a lifetime and beyond. Can it be reasonable to execute it with the help of an unlicensed, unknown person?

No one would seriously take medical advice from an unlicensed magazine columnist. Why should Connecticut citizens take legal advice from newspaper columnists not licensed to practice law in Connecticut, or from unknown Internet and Mail Order providers?

This same advice applies, of course, to Living Trusts by mail or through the Internet.

A Will does cost some money, but compared to a post-mortem financial disaster, it's a bargain.