“All things are permitted, but not all things are of benefit. All things are permitted, but not all things build people up.” — 1 Corinthians 10:23
You can write your own Last Will and Testament. But that does not always mean it is a good idea.
Think about self-surgery. Wikipedia describes self-surgery as doing a medical procedure on yourself. A person may do it in an emergency or to avoid cost. But most people would agree that surgery is safer when a trained professional does it.
A will can be similar. It is possible to write one yourself. But a will must do more than say what you want. It must also follow the law. After you die, you will not be there to explain what you meant or fix a mistake.
If your will is unclear or not signed the right way, it can lead to delay, extra cost, and family conflict. It may even fail to do what you originally intended.
Oklahoma Rules Matter
In Oklahoma, most wills must be in writing. The person making the will must sign it. The person must also tell two witnesses that the document is their will. The two witnesses must then sign the will as witnesses.
Oklahoma also allows a handwritten will, often called a holographic will. But the rule is strict. The whole will must be in the writer’s own handwriting. It must also be dated and signed. A typed form with a handwritten signature is not the same thing.
A notary can help make a will easier to prove later. But a notary does not take the place of the two witnesses needed for a regular will.
Common Mistakes In Do-It-Yourself Wills
- Not using two witnesses. A regular Oklahoma will usually needs two witnesses. Signing it alone, or only in front of a notary, may not be enough.
- Mixing a typed form with handwriting. A handwritten will must be entirely handwritten, dated, and signed by the person making it. Filling in blanks on a printed form does not usually meet that rule.
- Using unclear words. Terms like “my things” or “divide it fairly” can cause arguments. Your will should clearly say who gets what.
- Forgetting to say who gets everything else. A will should include a plan for property not listed by name. Without it, some property may go to heirs under state law instead of where you wanted it to go.
- Not naming backup beneficiaries. What happens if a person you name dies before you or does not want the gift? A backup plan can help avoid problems.
- Not naming a personal representative. This is the person who handles your estate after death. It is wise to name a backup person too.
- Thinking a will controls every asset. Some assets pass outside a will. Examples include life insurance, retirement accounts, payable-on-death bank accounts, trust assets, and some jointly owned property. Review these records along with your will.
- Forgetting about children. A will can name the person you want to care for minor children. It should also address how a child’s inheritance will be managed.
- Trying to use a will for incapacity planning. A will works after death. It does not let someone help you with money or health-care decisions while you are alive but unable to act. You may also need powers of attorney and health-care documents.
- Not updating the will. Marriage, divorce, birth, death, a new home, or major changes in property can make an old will a poor fit.
- Losing the original. Keep the signed original in a safe place. Make sure your personal representative or another trusted person knows where to find it.
Why A Small Mistake Can Become A Big Problem
A recent Oklahoma Supreme Court case shows why proper signing matters. The court rejected a later will because it did not meet Oklahoma’s signing rules. A new will is not helpful if it cannot be admitted to probate. It may also fail to replace an earlier will.
The cost of a bad will is not only money. It can cause delay, stress, family fights, and a result you never wanted.
The Bottom Line
Yes, you can write your own will. In a simple situation, it may work if it is clear and signed the right way. But estate planning is more than filling out a form. It is a plan that must work after you are gone.
Before you rely on a do-it-yourself will, consider having an Oklahoma estate-planning attorney review it. An attorney can also review your beneficiary forms, account titles, and other planning documents. A short review now may save your family from a much bigger problem later. Contact Mike McCann at (918) 565-0070 to review your will to make sure it will stand up in a court of law.
This article gives general information. It is not legal advice. Every family and estate plan is different.