As I thought about writing this article, it truly came about as the result of an estate where a computer service had provided a will that was to be probated, which caused substantial delays, costs and anguish. The real reason for my article is the trauma that an improper will can put upon family members. Certainly, I realize that non-attorneys and computer programs can prepare wills, which may well work sometimes.
I came across an article, Do-It-Yourself Wills,
David Horton, UC Davis L. Rev., 2019. Vol. 53:2357.
https://lawreview.law.ucdavis.edu/issues/53/5/symposium/files/53-5_Horton.pdf
While the article was enlightening, it was academic, scientific and dry. The conclusions that there are pros and cons to do it your self wills and trusts was expected, just as well as the conclusion that “some (DIY) documents” were “litigation magnets.” Unfortunately, the article is designed for policy makers and not to educate the public. Moreover, the article does not address the trauma that “some (DIY) documents” cause. The author’s statement “self-authored testamentary instruments can be elegant shortcuts for ill testators” shows he is mired in academia and doesn’t realize that it is the “ill testators” that are most in need of someone to help them and are most likely to succumb to the undue influence of those family members or friends who prepare the documents. No wonder then that it is the estates of “ill testators” that become “litigation magnets.”
Imagine your last wish being manifested that you were unconcerned about the trauma that such a will might create. That you wished more to save money during your lifetime than have concerns how your loved ones might be impacted after your death.
Non-Lawyer prepared wills are not some new phenomena. In fact, a law school classmate of mine Bill Lockyer, when he was attorney general of California filed a multi million dollar lawsuit against Family First Advanced Estate Planning and Family First Insurance Services for their trust mill services whereby they were sold “unneeded annuities that actually undermined their financial security.”
https://oag.ca.gov/news/press-releases/attorney-general-lockyer-files-110-million-plus-lawsuit-stop-investment-scam
https://oag.ca.gov/consumers/general/living_trust_mills
Having seen the trauma that this trust mill caused a family and the additional legal fees as a result, I understand that a will or trust drafted by a “financial service provider” can be the worst choice. They are not just out to get paid what might be considered a reasonable fee for their services; they are out to make you a “client” for their primary services. The question you should ask about them when you make a decision to utilize them, is if they are engaged in what might be considered the unlawful practice of law, do you really want to be solicited by them later to sell you a product you might not need or whose sole purpose is to give them a big fat commission. Certainly there are many choice Latin phrases one might use to describe what is going on, but the one that comes to mind is Caveat Emptor. Of course what you really should be thinking is quos amo primum, “those I love first.”
Herein lies the real rub. What risk do I want to take that may hurt the ones I love after my death?
So if you want to have your will prepared by a computer program or your trust prepared by a financial planner, real estate agent or insurance salesman, I suggest then when you need a new car you contact a doctor and when you need your plumbing fixed you contact a lawyer. Of course if you think you need brain surgery, it might be best to use a crystal ball.
