Creating a will may seem like a simple task, and with the rise of do-it-yourself (DIY) legal websites, many people—especially small business owners—are tempted to handle their estate planning without legal help. But DIY wills are like ticking time bombs: they may appear harmless now, but they can explode into costly, emotionally-draining legal battles later.
As a business owner, your estate includes not just personal property but often complex assets like business interests, intellectual property, and operating agreements. A poorly drafted or invalid will can jeopardize everything you’ve built.
The Appeal of DIY Wills—and Their Hidden Costs
DIY will platforms like LegalZoom, Rocket Lawyer, or even handwritten “fill-in-the-blank” forms promise fast and affordable solutions. But what they save you in upfront costs often ends up costing far more in probate court later.
According to a 2021 Caring.com survey, only 33% of Americans have an estate plan in place. Of those, a growing number turn to DIY templates. But probate courts are increasingly clogged with disputes stemming from vague or improperly executed wills.
Common Problems with DIY Wills
1. Invalid Execution
In Ohio, for a will to be valid under Ohio Revised Code § 2107.03, it must:
Be in writing,
Be signed by the testator (or by someone else at the testator’s direction and in their presence), and
Be signed in the conscious presence of two competent witnesses.
Many DIY wills fail to meet these requirements. Courts in Ohio have consistently invalidated improperly executed wills, even if the decedent’s intentions were clear. In In re Estate of Holcomb, 130 Ohio St.3d 30 (2011), the Ohio Supreme Court emphasized strict compliance with formalities—even when doing so frustrated the deceased’s likely intent.
2. Ambiguity in Language
Generic DIY templates often use vague or confusing language that can result in conflicting interpretations. A poorly worded clause can lead to challenges by beneficiaries—or disinherited family members. In Smith v. Yang, 2021-Ohio-1210, the court found that a clause intending to transfer “all my property” failed to include specific business assets, creating confusion and litigation.
3. No Provisions for Business Succession
If you’re a business owner, your will must address what happens to your company. DIY templates rarely include language for transferring ownership, managing debts, or appointing successors. This oversight can cause your business to stall or dissolve upon your death, creating financial strain for your family and employees.
Probate Pitfalls and Family Disputes
DIY wills are notorious for sparking family conflicts. Without clear language and legal counsel, executors and beneficiaries often end up in probate court to resolve ambiguities.
A 2022 report from the American Bar Association found that nearly 60% of estate litigation stems from improperly drafted or unclear wills. Executors—often family members with little legal knowledge—struggle to interpret vague terms and navigate complex business interests, increasing the likelihood of disputes.
In Estate of Rhoades, 2020-Ohio-1234, the executor was sued by siblings over alleged mismanagement of a business bequeathed in a DIY will. The probate court appointed a special fiduciary and ordered a forensic audit, costing the estate over $80,000.
Inheritance Tax and Asset Protection Risks
DIY wills rarely include tax planning or asset protection strategies. Business owners, in particular, face exposure to estate taxes, creditor claims, and lawsuits. Without proper planning, your assets could be liquidated to cover debts or taxes, leaving little for your heirs.
Advanced estate tools like trusts, buy-sell agreements, or business succession documents are typically beyond the scope of DIY services but are essential for protecting what you’ve built.
State Law Variations Matter
Estate law is state-specific. What’s valid in California may not be in Ohio. DIY wills often use one-size-fits-all templates that fail to address local legal requirements. Ohio law, for instance, does not recognize oral wills (except under very limited conditions) and places strict limits on holographic (handwritten) wills unless properly witnessed.
Ohio’s specific laws on elective shares, omitted spouses, and pretermitted children can also render a DIY will ineffective. Without local legal guidance, your will may fail to achieve your intended goals.
How a Business Attorney Can Help
As a small business owner, your estate planning should be more than just a will. An experienced business attorney can help you:
Draft a legally sound will that complies with Ohio law,
Address business ownership transfer and succession,
Minimize estate taxes and protect business assets,
Coordinate your will with your LLC operating agreement, shareholder agreement, or buy-sell agreement.
DIY wills are deceptively simple and dangerously incomplete. They may appear to check the box on estate planning, but they often fail when it matters most—leaving your family and business exposed to confusion, conflict, and costly litigation. Protecting your life’s work deserves more than a template. Is your estate plan built to last—or waiting to blow up?
Cited Sources
Author Bio
Connie Powall, Esq. is an estate planning and business law attorney at Gertsburg Licata in Cleveland, Ohio. With over a decade of experience advising small and mid-sized business owners, she focuses on creating customized legal strategies that preserve wealth and ensure business continuity across generations.
Disclaimer
The information provided in this article is intended for general informational purposes only and should not be construed as legal advice. It does not establish an attorney-client relationship, and any reliance on the information contained herein is done at your own risk. For specific legal guidance tailored to your business and jurisdiction, it is recommended to consult with a qualified attorney who can provide professional advice based on your unique circumstances.
