It can be tempting to take a do-it-yourself approach to drafting a will, particularly when trying to minimize costs or if you believe your estate is straightforward. However, the story of Ann Aldrich from Keystone Heights, Florida, serves as a cautionary tale that demonstrates the potential pitfalls of using standard, fill-in-the-blank will forms.
In 2004, Ann drafted her own will, specifying that her property would be left to her sister, Mary. If Mary predeceased her, everything would then go to her brother, Tom. Seemingly simple instructions. However, when Mary passed away before Ann, Ann inherited Mary’s estate, creating a situation Ann had not accounted for in her original will.
When Ann died, other relatives contested the will, arguing that the clause leaving everything to Tom did not encompass the additional inheritance Ann received from Mary. The Florida Supreme Court sided with the relatives, stating that Ann’s will failed to include a provision for “after-acquired property,” resulting in a portion of her estate being awarded to relatives she had not intended to benefit.
Ann’s mistake was relying on a standard will form that did not prompt her to consider all potential scenarios. This oversight not only undermined her wishes but also led to costly litigation, precisely what she sought to avoid by using a DIY will.
The judge in the case remarked on the dangers of using pre-printed forms and drafting wills without proper legal assistance. This case serves as a stark reminder that estate planning is complex and requires careful consideration of various factors that are not always obvious in standard will templates.
You have worked hard to accumulate your assets and provide for your loved ones. Don’t leave their inheritance to chance by using a DIY approach. Schedule a consultation with our office to ensure your estate plan is comprehensive and reflects your true intentions.
As a colleague once wisely noted, “DIY your bathroom, not your will.”