I was recently checking documents online and there are will forms that one can use to do a will.  Do you think that is a good idea?

No, and let me tell you why.  There was a gentleman named Ivan Tcherepnin who was a very brilliant guy who decided to do just that.  Ivan had four children by his first wife and had a late marriage to a second wife.  He wanted to take care of his second wife by giving her an occupancy interest in his home but he wanted his second wife and his four children to share in the proceeds of the sale of the home. 

In order to figure out exactly what it was that he intended, there was an action brought in the probate court to try to determine what he had left under the terms of his will to the wife and to the other children.  After a decision there and a decision was appealed to the Appeals Court and its decision was further appealed to the Supreme Judicial Court, our highest court of appeal.  That court finally decided what Mr. Tcherepnin intended by the language of his will.  Needless to say, whatever the family members will get out of the sale of the house will be substantially eroded by the legal fees they have incurred in trying to determine Mr. Tcherepnin's intentions.  I suppose this is the classic example of penny wise and pound foolish.

In the field of wills and trusts there have been a number of decisions over the years and a number of rules of construction and language that is typically used in those documents to express the intentions of the testator/testatrix (that is the person who makes the will and then dies).  That language is somewhat unique and, as some people will complain, can only be understood by lawyers.  That's the bad news.  The good news is that the lawyers do understand the language and so do the judges, where competent counsel is used.  Most of the time there are no disputes and there is no need for a judge to make a decision over what was intended.

So, if you do want your family to receive the benefit of whatever it is that you are going to leave, and not litigation lawyers,  I would suggest that you use an attorney to prepare your will and/or your trust.

If you have questions about this or any other real estate matter, please contact Tom Bennett at (617) 531-6574 or tvb@barronstad.com.