WillsVerdict How we check

What you agree to when you make a will online: arbitration, class-action waivers and the other clauses

Clicking 'I agree' on most online will services means agreeing to settle disputes in private arbitration rather than court, and giving up class actions. Trust & Will's terms put this at the top; Rocket Lawyer's use JAMS arbitration but keep small-claims court open; LawDepot's let covered U.S. users opt out within 30 days. The terms also decide who owns your content, how your data is used, and when a document guarantee stops applying. None of this affects whether your will is valid; it affects what you can do if something goes wrong with the service.

By Nora Whitfield, consumer researcher (not an attorney). Published . Based on the providers' published pricing and terms. How we check.

Few people read the terms of service before making a will online, which is understandable: they are long, and the will feels like the important part. But the terms are a contract, and they decide what you can do if a charge is wrong, a refund is refused or a document fails. They also say who owns what you type in.

This page summarises the clauses that matter, quoted or paraphrased from each company’s own terms, read on the date in the facts tables. It is general information, carries no affiliate links and recommends nothing.

Arbitration and class-action waivers

Service What its terms say
Trust & Will Mandatory arbitration and a class-action waiver, stated at the top of its terms
Rocket Lawyer Binding JAMS arbitration, no class actions; small claims court allowed
LawDepot Binding arbitration, no class actions, with a 30-day right to opt out for covered U.S. users

What arbitration means: a dispute with the company goes to a private arbitrator instead of a judge or jury. The process is usually faster and private; the grounds for appeal are narrow.

What a class-action waiver means: you cannot join with other customers to bring one case. For small, widespread problems, such as a renewal charged to thousands of people, this is the clause that matters most, because individual claims are rarely worth pursuing alone.

What is kept: Rocket Lawyer keeps small-claims court available, which for most consumer disputes about a few hundred dollars is the practical route anyway.

The opt-out: LawDepot gives covered U.S. users 30 days to opt out of arbitration. Opt-outs are rare in consumer terms. If you care about keeping the option of court, use it within the window and keep proof.

These clauses are standard in U.S. consumer software, not unique to estate planning. They do not affect your will’s validity in any way; they govern disputes with the company.

Who owns what you write

Trust & Will’s terms say You keep ownership of your estate plan content. Rocket Lawyer’s say the documents you make are yours. This matters less for the will, which you sign and keep, than for everything else you enter: asset lists, family details, health wishes.

How your data is used

Trust & Will’s terms address AI directly: your content is Not used to train external AI models, with a note that this applies to its own AI features and not to third-party AI tools you connect yourself. FreeWill says personal details go to a charity only Only if you leave a gift and ask FreeWill to notify that charity.

It is worth reading the privacy policy of any service you use with the same attention as the price, because an estate plan contains more personal information than almost anything else you do online.

Guarantees that stop applying

Rocket Lawyer guarantees its documents are enforceable, with a condition: Applies only to documents you have not modified. If you use its advanced editor to change wording, the guarantee goes. Its help centre recommends attorney review after manual edits.

This is reasonable on the company’s side: it can stand behind its own wording, not yours. But it means that customising a template moves the risk to you.

No lawyer, by contract

Ethos’s estate planning terms say there is no attorney-client relationship and that it does not review the documents you create. Trust & Will says Not a law firm; does not give legal advice. Our page on what “drafted by attorneys” means explains the gap between marketing and terms.

What to look for in any will service’s terms

  1. Dispute resolution: arbitration? Class-action waiver? Small-claims exception? Opt-out window?
  2. Refunds: what is refundable, for how long, and does the help centre say the same thing? Our refund policies page shows how often they differ.
  3. Renewals: what renews and how you are told.
  4. Storage: does the company promise to keep your documents? Usually not; see our storage page.
  5. Ownership and data: who owns your content, and whether it is used to train AI or shared.
  6. Guarantees: what voids them.
  7. Attorney relationship: whether any exists.

Reading these seven points takes about ten minutes for any service. For a document that will govern everything you own, it is time well spent.

Trust & Will: what it publishes
ItemPublished valueChecked
Will, one person $199 Will plan.
Will, couple $299 Will plan.
Living trust, one person $499 Trust plan, includes a pour-over will.
Living trust, couple $599 Trust plan.
Ongoing yearly cost $49/year Essentials membership, optional: you can choose "No, thanks" at checkout. Auto-renews if you add it.
Attorney support add-on +$299 Shown on both the will and trust plans.
Attorney-drafted plan (complex needs) From $1,499 For special-needs children, estates of $15M+, businesses with 3+ employees or complex blended families.
Pro membership $299/year Only from account settings after checkout. Adds attorney support, an estate tax report and premium support.
Editing your plan after purchase Needs the Essentials membership The free tier keeps the digital download and Plan Strength score; "edit your plan at any time" is an Essentials benefit.
Refund window 30 days from purchase Help-centre "satisfaction guarantee". Part of the price may be withheld if attorney, notary, concierge or deed services were used.
Membership refunds None for an active, paid membership
Attorney add-on refund Full refund within 14 days if no appointment was used
Upgrading a will plan to a trust $300, the difference between plans
Mobile notary with 2 witnesses (Snapdocs) $170 to $210 $170 will plan, one person; $180 couple; $190 trust, one person; $200 joint trust; $210 separate trusts for a couple. Optional partner service.
Deed transfer into the trust (Bundle) $140 per deed, plus recording fees Optional partner service; deed notarization is +$100. Trust & Will says it earns a referral commission.
State limits All 50 states; no trusts in Louisiana Not available in U.S. territories.
Payment plans Available through Klarna
Disputes Mandatory arbitration and a class-action waiver Stated at the top of the terms of service (section 22).
Your plan data and AI Not used to train external AI models Applies to its own AI features; not to third-party AI agents you connect yourself.
Who owns what you enter You keep ownership of your estate plan content
Legal status Not a law firm; does not give legal advice Stated in the footer of every help-centre page. Attorney services come from independent, state-licensed attorneys under a separate agreement.
Not published before sign-up: Whether the Essentials membership is pre-selected at checkout (the help centre only says you can choose "No, thanks"); Whether the +$299 attorney support on the pricing page is a one-time charge (the refund policy calls it an "individual" purchase; the Pro membership with attorney support is $299 a year).
  • Their own pages disagree: The terms of service say all purchases are final and refunds are discretionary, case by case. The help-centre refund policy promises a 30-day satisfaction guarantee and says refund requests inside 30 days are processed automatically. (page A, page B; noted ).
Rocket Lawyer: what it publishes
ItemPublished valueChecked
Standard membership, billed monthly $34.99/month
Standard membership, billed yearly $149/year
Free trial 7 days Billing starts after the trial.
Legal Advice Session (Standard plan) $149 for 30 min; $249 for 60 min
Written attorney questions (Standard plan) 12 with yearly billing; 1 with monthly billing "Ask an Attorney": a written response within one business day.
Last will document Advertised as a free will template, 50 states and DC The page offers attorney review and questions as paid extras through the membership.
Plus membership $249/year or $49.99/month Plus adds Consult an Attorney Live calls: 12 a year with yearly billing, 1 with monthly billing (pricing page).
Pro membership $349/year or $64.99/month Unlimited Ask an Attorney and Consult an Attorney Live.
Consult an Attorney Live 20-minute phone or video call; not included in Standard
How the free trial bills One trial per customer; card required; billed the day after the trial ends unless you cancel A temporary $1.00 authorization checks the card. Cancelling during the trial ends it immediately.
Paying a yearly plan in installments Yearly plans can be paid upfront or in four monthly installments
Documents after cancelling Documents you made stay available in your account, but you cannot make new ones
Download formats Word, PDF or text with a trial or paid membership; PDF on a free account for documents you paid for
Refund requests Within 30 days of purchase, except where state law allows otherwise The terms' plain-English summary: no refunds for services already used unless you have a good reason.
Renewal Monthly and yearly plans renew automatically until cancelled
Enforceability guarantee Applies only to documents you have not modified
Stored documents The terms say Rocket Lawyer is not liable for deleting or failing to store your documents
Disputes Binding JAMS arbitration, no class actions; small claims court allowed
Who the attorneys are Independent attorneys in its network, or Rocket Legal Professional Services, an Arizona ABS law firm Ask an Attorney and Consult Live give legal information; privileged advice is the paid Legal Advice Session.
Living trust document Advertised as a free living trust template; signed by you, the trustee and a notary The page says the template is not appropriate if your estate exceeds the federal estate tax exclusion. Funding worksheet, bill of transfer and certification of trust are listed as related documents.
States covered by the will All 50 states and DC, Louisiana included The Louisiana version follows the notarial will form: signed on every page before a notary and two witnesses.
Not published before sign-up: A one-off price for a will without a membership (not shown on the pricing page); Whether printing or downloading the "free" will requires starting the 7-day membership trial; Whether a document made during the free trial can still be downloaded after the trial is cancelled; Whether a joint living trust for couples is offered: the living trust page shows a single-grantor document.
LawDepot: what it publishes
ItemPublished valueChecked
Free trial 7 days, then $49/month Unlimited access to all documents during the trial; cancel any time.
1-year Pro subscription $155.88/year Renews annually.
Estate planning documents, monthly $35/month
Estate planning documents, yearly $107.88/year Renews annually.
Single document $7.50 to $119, one-time Depends on the document.
Free trial billing Card required; billed if the trial is not cancelled before it ends Cancel online from the help centre ('End free trial') or your account.
Refunds Yearly subscriptions within 30 days of first purchase; none for a trial that converted, or for a renewal you did not cancel beforehand The terms also say LawDepot has no obligation to refund one-time purchases.
Using documents made during a free trial Not for new transactions starting one month after your access ends Applies to documents obtained under a free trial, and to documents used in transactions you are not a party to.
Documents after cancelling May be deleted after cancellation; later access may require a fee
What the will covers Executor, beneficiaries, specific gifts, guardian, pet caretaker with funds, an inheritance age for young beneficiaries, self-proving affidavit A Spanish-language will and a codicil are separate documents in the library.
Online notary for wills Idaho, Illinois, Minnesota, North Dakota, Oklahoma, Utah and Washington; in Nevada the will but not the self-proving affidavit
Living trust document Revocable living trust template, notarised where your state requires; online notary not available for trusts in New York or Minnesota Pour-over will, quitclaim deed and warranty deed are separate documents in the library.
Disputes Binding arbitration, no class actions, with a 30-day right to opt out for covered U.S. users LawDepot is a trade name of Sequiter Inc. Terms last modified September 10, 2026.
Not published before sign-up: The one-time price of the will itself (the pricing page gives a range for all single documents); The price of its 'Talk to a Lawyer' connection.

Questions people ask next

Does an arbitration clause affect my will?

No. It governs disputes between you and the company, such as billing, refunds or a defective service. It has nothing to do with whether your will is valid or how your estate is distributed.

How do I opt out of arbitration with LawDepot?

Its terms give covered U.S. users a 30-day right to opt out. Read the terms for the exact method and deadline, send the opt-out within 30 days, and keep proof that you sent it.

Can I still go to small claims court?

Rocket Lawyer's terms keep small-claims court available. Many arbitration clauses include a similar exception; check the terms of the service you use.

Are these clauses unusual?

No. Arbitration clauses and class-action waivers are standard in U.S. consumer software terms. What varies is whether there is an opt-out and what exceptions are kept.

Sources

  1. Trust & Will terms of service
  2. Rocket Lawyer general terms of service
  3. LawDepot terms
  4. Ethos Estate Planning terms of service

This page is general information, not legal advice. Laws differ by state and change; talk to a licensed attorney about your situation.