The Hidden Risks of DIY Wills & Trusts
Why trying to “do-it-yourself” can cost more than hiring an estate planning attorney
Why DIY Estate Planning Seems Attractive
With so many online templates, “will kits,” and trust-software options available, DIY estate planning may appear fast, simple, and inexpensive. For some people, though, it’s like building a house on a shaky foundation — and the consequences can be serious.
Below are the major pitfalls to watch out for — and why working with an experienced attorney is often a safer, wiser choice.
1. Mistakes in Legal Formalities
Estate documents must comply with strict legal rules on signatures, witnesses, notarization, and language. A small error — such as an incorrect date, missing witness, or ambiguous phrasing — can invalidate an entire will or trust, causing confusion and disputes after your passing.
2. State-Specific Complexity
Each state (and even county) has its own laws and probate procedures. A generic online form likely doesn’t account for Hawaiʻi’s specific statutes or nuances — such as rules governing real property, spousal rights, and community property elements. What’s legal in one state may fail entirely in another.
3. Failing to Account for All Assets or Beneficiaries
DIY documents often miss or misclassify assets (like IRA accounts, life insurance, business interests, or digital assets). They can also lead to unintended beneficiaries or unequal treatment of heirs, creating disputes or leaving someone unintentionally disinherited.
4. Beneficiary Designations & Non-Probate Assets
Many assets (retirement accounts, life insurance, payable-on-death accounts) bypass wills or trusts entirely and are controlled by beneficiary designations. A DIY plan may overlook coordination of these, causing conflicts between your will and beneficiary forms.
5. Lack of Flexibility & Updates
Life changes: marriages, births, divorce, new business ventures, and property acquisitions all can affect your plan. DIY documents are often never revisited or fail to include clear updating mechanisms, leaving your original intent out of date or impossible to carry out.
6. Tax, Creditor & Long-Term Care Risks
DIY solutions rarely incorporate sophisticated strategies to minimize estate taxes, protect assets from creditors, or plan for long-term care. Without proper planning — such as trusts or gifting strategies — your estate might face unnecessary taxation or asset loss in eldercare.
7. Increased Litigation Risk
Ambiguous language, errors, or oversights in DIY documents may invite challenges by disappointed heirs or unexpected claims. When a dispute arises, the cost of litigation can dwarf the “savings” from doing it yourself.
How an Estate Planning Attorney Helps
When you partner with a qualified estate planning attorney, you gain:
Tailored documents that comply with Hawaiʻi law and local court rules
A professional who inventories all your assets, considers family dynamics, and ensures nothing is overlooked
Coordination among wills, trusts, beneficiary designations, business entities, and long-term care planning
Built-in mechanisms for amendment, updating, and future growth
Guidance through complex tax, inheritance, or creditor risk issues
Peace of mind that your plan is built to last — without leaving gaps for conflict
Tips if You’re Considering DIY (But Shouldn’t Rely on It)
If you still explore DIY options, at least:
Consult an attorney to review your documents. Don’t assume they’re correct just because the site claims.
Use forms designed specifically for Hawaiʻi and your county. Generic “one-size-fits-all” templates are risky.
Include clear updating and amendment provisions. Life changes — make sure your plan can adapt.
Double-check all beneficiary forms and alignment with your will/trust. Make sure they don’t conflict.
Store and share your documents properly. Let trusted people know where your legal documents are and how to access them.
Final Word: Invest in Security Over Savings
In estate planning, the cost of a mistake is almost always greater than the cost of doing it right. A DIY will or trust might seem like an easy shortcut — until it’s challenged in court, fails to carry out your wishes, or leaves your family with confusion and expense.
At Sterling & Tucker, we help Hawaiʻi families and business owners build robust estate plans — tailored, legally sound, flexible, and built for peace of mind.