Planning for the future is essential, and creating a will and trust ensures your assets are distributed according to your wishes. Many people wonder, “Can I do my own will and trust?” The short answer is yes, but the real question is—should you?

While DIY estate planning tools are available, handling these legal documents without professional guidance can lead to mistakes, invalid documents, or disputes among heirs. In this blog, we’ll explore whether a DIY approach is right for you and when it’s best to seek help from an estate planning attorney.

Understanding Wills and Trusts

Before deciding whether to draft your own estate plan, it’s essential to understand the differences between a will and a trust.

What Is a Will?

A will is a legal document that:

• Outlines how your assets will be distributed after your death.

• Names an executor to manage your estate.

• Appoints a guardian for minor children (if applicable).

• Must go through probate, a court process that validates the will and oversees asset distribution.

What Is a Trust?

A trust is a legal arrangement that:

• Holds and manages assets for beneficiaries.

• Allows you to bypass probate, enabling faster asset distribution.

• Can provide financial management if you become incapacitated.

• Offers privacy, as trusts are not part of public records.

Can You Legally Create Your Own Will and Trust?

Yes! In California, you can create your own will and trust without hiring an attorney. There are various online platforms and DIY kits that provide templates for estate planning documents. However, just because you can doesn’t mean you should.

DIY Wills and Trusts: Pros and Cons

✅ Pros of DIY Wills and Trusts

• Cost-effective – Hiring an attorney can be expensive, whereas online services may charge $100–$300.

• Convenient – You can draft documents at your own pace.

• Simple estates – If you have a straightforward estate (few assets, no minor children, and no disputes expected), a DIY approach may work.

❌ Cons of DIY Wills and Trusts

• Errors and invalid documents – Mistakes in wording or signatures can make the will or trust legally unenforceable.

• Failure to meet state laws – California has specific legal requirements, such as witness signatures for wills.

• Inability to address complex needs – If you have a blended family, business interests, or special needs dependents, a DIY plan may not provide sufficient protection.

• Risk of disputes – A vague or improperly drafted document can lead to family conflicts and costly legal battles.

When Should You Hire an Estate Planning Attorney?

If any of the following apply to you, consulting an attorney is highly recommended:

• You Own Significant Assets – If you have real estate, investments, or multiple bank accounts, a trust can help you avoid probate and ensure a smooth transfer of assets.

• You Have Minor Children – A will allows you to name a guardian, but an attorney can help set up a trust to manage their inheritance.

• You Have a Blended Family – If you have children from previous relationships, proper estate planning can prevent disputes over inheritance.

• You Want to Minimize Estate Taxes – A lawyer can help structure your estate to reduce potential tax burdens.

• You Own a Business – Proper estate planning ensures a seamless transition for your business after your passing.

• You Want to Plan for Incapacity – A living trust and durable power of attorney can help manage your affairs if you become unable to do so.

How to Create a Legally Sound Estate Plan

If you decide to draft your own will and trust, follow these steps to ensure validity:

• Use State-Specific Documents – Make sure the template you use complies with California estate laws.

• Clearly List Assets and Beneficiaries – Be specific about who receives what to avoid disputes.

• Follow Signing Requirements – In California, a will must be signed in the presence of two witnesses who are not beneficiaries.

• Fund Your Trust – A trust is useless if you don’t transfer assets into it. Ensure deeds, accounts, and property titles are updated accordingly.

• Store Documents Safely – Keep originals in a secure location and inform your executor or trustee where to find them.

• Review and Update Regularly – Life changes (marriage, divorce, children, new assets) may require revisions to your estate plan.

The Bottom Line: DIY or Professional Help?

For simple estates, a DIY will and trust may be sufficient—if done correctly. However, complex situations or high-value assets require professional guidance to avoid costly mistakes.

At CANEI, we help California residents create legally sound wills and trusts tailored to their needs. We ensure your documents comply with state laws, protect your loved ones, and minimize estate complications.

💡 Don’t leave your legacy to chance! Contact CANEI today for expert estate planning guidance.