The answer is no, you don’t need a lawyer to make a will. You can make your own will in the District of Columbia. However in our humble opinion we advise you always consult with a lawyer. For example, if you think that your will might be contested or if you want to disinherit your spouse, you should talk to an attorney. It makes sense doesn’t it. Your will is an important legal document and the cornerstone of most estate plans.
In a will, you direct how your property is to be distributed and you also name a personal representative to administer your estate. The personal representative named in a will is commonly referred to as the “executor.” An executor collects the estate assets, pays the estate debts and makes distributions to the beneficiaries you have designated in your will. In D.C., you can use your will to name an executor who will ensure that the provisions in your will are carried out after your death.
Some estate planning attorneys believe it is generally advisable to nominate one executor and an alternate in your will rather than naming two individuals to serve as your co-executors. Coexecutors may have difficulty getting paperwork signed in a timely manner and can delay estate administration. On the other hand, some parents wish their children work together and name them to act jointly. If you don’t name an executor, the probate court will appoint someone to take on the job of winding up your estate.
If you already have a will, take it out and re-read it. Do you understand what it says? Do you agree now with the arrangements you made earlier? Update your will if circumstances have changed. Marriage, death, divorce, birth, asset growth, moving to a different state or a change in estate tax laws are events that may trigger the need for you to revise your will. A good rule-of-thumb is to review your will at least once every five years.
Keep your original will in a secure place such as a fire-proof box, a safe deposit box at your bank or with your attorney. If your lawyer is holding your will, ask whether it is being held in a fire-proof vault or other protected location, and how access will be assured in the future.
If you are afraid that somebody might tamper with or destroy your will if they were to read it, leave it with your lawyer or place it in a safe deposit box where its contents will be kept private. In D.C., a safe deposit box is accessible upon death of the owner for the limited purposes of retrieving the decedent’s will and cemetery deed. This access is supervised by bank personnel, and only those items can be removed then.
You have the right to request your original estate planning documents from your attorney at any time. The documents belong to you, not your lawyer. You also have the right to revoke your will and write a new one at any time you choose, providing you have the mental capacity to do so.
Our advice, and most experts would agree, it’s always considered the wisest course of action to seek a lawyer’s advice.