Common Mistakes People Make When Writing a Will

Making a will is one of the most important parts of planning for the future. A will lets you choose who will get your estate, which includes your money, belongings and property, after you die.

If you do not have a proper will in place, the law will decide what happens to your estate. This could mean your loved ones are left out or that your wishes are not followed. Writing a will may seem simple, but many people make mistakes that can cause problems later on.

In this article, we look at some of the most common mistakes people make when writing a will. By knowing what to avoid, you can make sure your will does what you want it to do and protects those who matter most.

Mistake 1: Not Making the Will Legally Valid

One of the biggest mistakes people make is not following the legal steps needed to make their will valid. If a will is not valid, it may not be accepted after you die, and the law could decide who gets your estate instead.

This mistake is more common than you might think and can be easily avoided if you know what is needed.

Not Signing the Will Properly

Your will must be signed by you, and your signature must be seen by two witnesses at the same time. These two people must also sign the will in front of you. If this step is done wrongly, the will may be seen as invalid.

The law is very strict about this. You all need to be in the same room and see each other sign the will. If someone is not watching, even for a moment, it could be a problem later on.

Choosing the Wrong Witnesses

Witnesses must be over 18 years old and must not be people who are getting anything from your will. If someone is named in your will and also acts as a witness, they may lose their gift.

It is best to ask people you trust who are not part of your estate to be witnesses. This avoids problems later and makes your will stronger in the eyes of the law.

Not Understanding the Rules

Many people do not know all the rules needed to make a will legal. They may think writing it and signing it is enough, but there are many small steps that must be followed.

For example, using the wrong type of wording or forgetting to date the will can lead to delays or disputes. Getting help from someone with experience in estate planning can make sure you do not miss anything important.

Using a Will Template Without Checking It

There are many will templates online, but not all of them follow the laws in the UK. If you use a template, make sure it matches the legal rules and suits your situation. A template is not always made for your exact needs.

If you are unsure, it is safer to have a legal expert review it before you sign anything. A small mistake in wording could cause a big problem for your family later on.

Mistake 2: Leaving Out Key People or Assets

Another mistake people often make is forgetting to include someone important or leaving out items that matter. Your will should list all the people you want to leave things to and all the things you own that are worth passing on.

Missing out people or assets can lead to hurt feelings, legal fights or delays in sorting out your estate. In some cases, it may mean a person gets nothing, even if you wanted them to have something.

Make a full list of your family, friends and anyone else you want to include. Think about what you want each person to receive and be clear in your wording. You should also list everything of value that you own, from your house and car to bank accounts, jewellery and personal items.

Sometimes people forget to include digital assets like online accounts, digital photos or money in online banking. These should be listed too, so they are not lost or ignored.

You should also say what should happen if someone you named dies before you. This is called a substitute gift and it helps stop confusion or gaps in your plan. You can say that their share should go to their children or to another person you choose.

Double-checking your list with someone else, like a friend or family member, is a smart idea. They might remind you of something you forgot or help you think about people you may have missed.

Mistake 3: Assuming a DIY Will Is Always Enough

Many people think they can write a will on their own using a free form or online tool. While this may work in very simple cases, it is often not enough for more complex situations.

If you have children from a previous relationship, own a business or property abroad, or want to include special wishes, a DIY will might not cover everything you need.

DIY wills are more likely to have mistakes, missing parts or unclear language. This can cause confusion or lead to your will being challenged after your death. Even small errors can make a big difference in how your estate is shared out.

Some people write their own wills to save money, but if the will is not clear or valid, it could cost your family much more in the end. Sorting out problems after someone dies can take a long time and cause a lot of stress.

If you choose to write your own will, make sure you follow the legal rules and have someone check it. A legal adviser can spot things you may not think about and help you use the right wording to avoid confusion.

For most people, getting help with a will is worth the cost. It gives you peace of mind and helps make sure your estate goes where you want it to go. It also helps your family at a time when they may already be upset and dealing with your loss.

Mistake 4: Letting Your Will Go Out of Date

Writing a will is not a one-time job. Your life changes over time, and your will should be kept up to date to reflect these changes. One mistake people make is not reviewing their will often enough.

If you do not keep your will up to date, it may no longer match your wishes or your current life situation.

Changes in Family Circumstances

Big life events like marriage, divorce, having children or grandchildren can all affect your will. If you get married, your old will may no longer be valid. If you get divorced, your ex-partner may still be named in the will unless you change it.

Adding new children or removing someone you no longer wish to include is important. Keeping your will in line with your family helps avoid confusion and arguments later on.

New Property or Assets

If you buy a house, receive an inheritance or build up savings, you should add these to your will. If not, they may be dealt with by the law and not go to the person you wanted.

Even small items like collections, family heirlooms or online assets can be important to someone. Keep a list and review it every year or two to make sure nothing is missed.

Changes in People Named in the Will

If someone you named in your will passes away or if you no longer want them to receive part of your estate, you should update your will. You can do this by adding a codicil or writing a new will that clearly replaces the old one.

Let your family know where the most up-to-date copy is kept. This will make things easier for them if something happens to you.