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In Using Software to Write a Will, a Lawyer Is Still Helpful

Posted: September 28th, 2010
By: Anna Gaysynsky
Category: Technology Corner

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In Using Software to Write a Will, a Lawyer Is Still Helpful

In this interesting article, journalist Tara Bernard tested 4 will-generating software programs, and then had them reviewed by a lawyer.  Although she found the programs easy to use and the generated wills were all legally sound, the journalist found that she still needed a lawyer to help her decode some seemingly standard clauses and their consequences in her home state (New York). Additionally, there was surprising variation between the wills depending on the program used. The main problem in using these programs to create wills is that people don’t know the finer points of drafting a will, and so if their financial situation is atypical they might leave out an important component. Furthermore, because most people aren’t familiar with the process of drafting a will, they might misunderstand some of the program’s instructions (which, according to the journalist, are not 100% clear), and they might actually render their will invalid (for example, by failing to properly conduct the will-signing ceremony). This would, ironically, lead them to seek legal advice about their will from a lawyer, which is what the software supposedly renders unnecessary. Obviously, there is still no good substitute for a legal professional who knows the ins-and-outs of the process.

for the full article click here

to brush up on the basics of wills and trusts take a look at our CLE course: The Basics of Wills and Trusts in New York

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