'Drafted by attorneys': what the phrase on online will sites actually means
When an online will site says its documents are drafted or approved by attorneys, it almost always means the templates were written by lawyers, not that a lawyer looked at your will. The terms of the same sites say plainly that they are not law firms, that no attorney-client relationship exists, and in some cases that they do not review what you create. That is not deceptive, but it is a different thing from having a lawyer, and you should know which one you are buying.
By Nora Whitfield, consumer researcher (not an attorney). Published . Based on the providers' published pricing and terms. How we check.
Nearly every online will service mentions lawyers on its home page. “Drafted by leading estate planning attorneys.” “Templates approved by attorneys.” “Attorney-designed.” Read quickly, these suggest that a lawyer has had something to do with your will. Read the terms of service, and the picture is clearer: a lawyer had something to do with the template.
This page sets the marketing language beside the same companies’ terms and help pages, read on the date in the facts tables. It is not a criticism of templates, which work well for many people. It is about knowing what you are buying. It carries no affiliate links.
What the marketing says, and what the terms say
| Company | On the marketing page | In its terms or help centre |
|---|---|---|
| GoodTrust | Documents crafted by leading estate planning attorneys | Not a law firm; no legal advice or attorney service |
| Ethos | Templates approved by attorneys | No attorney-client relationship; it does not review your documents |
| Trust & Will | State-specific documents; attorney support sold separately | Not a law firm; does not give legal advice |
| FreeWill | — | None built in; it points you to local attorneys, including its FreeWill Fellows |
Both columns are true at once. The templates were written or approved by lawyers. And no lawyer is looking at what you do with them.
Ethos’s estate planning terms are especially direct, saying there is no attorney-client relationship and that it does not review the documents users create. That is the normal position for template services, stated more plainly than most.
The four things “attorney” can mean
- Attorney-drafted templates. Lawyers wrote the questionnaire and the clauses. You fill them in. Nobody looks at your answers. This is what “drafted by attorneys” almost always means.
- Legal information from an attorney. Written questions or short calls where a lawyer explains how the law works. Rocket Lawyer’s help centre distinguishes these from advice: its written questions and calls give legal information, while privileged advice about your situation is a separate paid session.
- Attorney review. A lawyer looks at the documents you made. LegalZoom’s Premium tiers include an annual plan review; Trust & Will sells attorney support as an add-on.
- Attorney drafting for you. A lawyer takes your facts and writes your plan. Trust & Will’s attorney-drafted plan starts From $1,499; a local estate planning attorney does the same.
Only the fourth is the same as “having a lawyer”. The marketing phrase usually refers to the first.
Why the distinction matters
A template is only as good as the answers you give it, and it cannot notice what you did not say. A lawyer earns their fee by asking the questions you did not know to ask:
- “Are you married?” In some states your spouse has rights to part of your estate whatever your will says, and Florida restricts leaving a homestead away from a spouse or minor child.
- “Do you have children from a previous relationship?” A standard joint trust can let a surviving spouse change everything, including cutting out your children.
- “Does anyone you are leaving money to receive government benefits?” A direct gift can disqualify them.
- “Do you own property anywhere else?” Real estate in another state can mean a second probate.
None of these is exotic. All of them are things a template handles only if you know to raise them.
When a template is enough
Templates are a good fit when:
- your family is a first marriage, or you are single, with no special-needs beneficiaries;
- you own property in one state;
- your estate is well below estate tax levels;
- you want straightforward gifts: everything to my spouse, then equally to my children.
For this large group of people, an attorney-drafted template, signed properly, does the job, and paying a lawyer to fill in the same clauses adds little.
When it is not
Look for a lawyer, not just “attorney-drafted” documents, if you have a blended family, a beneficiary with special needs, a business, property in several states, a large estate, or a family member likely to contest the will. Our page on blended families explains the most common case in detail.
Questions to ask any service that mentions lawyers
- Will a lawyer look at my documents, or only at the template?
- Is that included, or extra, and does it renew?
- Is the attorney licensed in my state?
- Is it legal information or legal advice?
- What does the terms of service say about attorney-client relationships?
If the answers are “only the template”, “not included” or “no relationship”, you are buying a well-made form. That may be exactly what you need, as long as you know it.
Questions people ask next
Is an attorney-drafted template as good as a will from a lawyer?
For a straightforward situation, a well-drafted template can produce a perfectly good will. The difference is that a lawyer applies judgment to your facts: whether a gift will work as you intend, how your state treats your spouse's rights, what happens to property in another state. A template cannot notice what you did not tell it.
What is the difference between legal information and legal advice?
Legal information explains how the law generally works, such as what a pour-over will is. Legal advice applies the law to your situation and tells you what to do. Online services provide information; only a lawyer you have engaged gives advice. Rocket Lawyer's help centre draws exactly this line between its written questions and its paid advice sessions.
If a service offers attorney review, is the lawyer mine?
Usually the attorney is independent and works under a separate agreement with you, not as an employee of the service. Trust & Will says its attorney services come from independent, state-licensed attorneys under a separate agreement. Ask whether the attorney is licensed in your state.
Do I need a lawyer at all?
Many people with simple situations do not. You probably do if you have a blended family and want your spouse provided for and then your own children, a beneficiary with special needs, a business, property in several states, or an estate large enough for estate tax planning.
Sources
This page is general information, not legal advice. Laws differ by state and change; talk to a licensed attorney about your situation.