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
- Dispute resolution: arbitration? Class-action waiver? Small-claims exception? Opt-out window?
- 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.
- Renewals: what renews and how you are told.
- Storage: does the company promise to keep your documents? Usually not; see our storage page.
- Ownership and data: who owns your content, and whether it is used to train AI or shared.
- Guarantees: what voids them.
- 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.
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
This page is general information, not legal advice. Laws differ by state and change; talk to a licensed attorney about your situation.