Common Mistakes People Make When Writing a Will

Introduction
Writing a Will is one of the most important steps in protecting your loved ones, yet many people make mistakes that can cause confusion, disputes, or even invalidate the document entirely. Understanding common pitfalls helps ensure your Will is clear, legally valid, and truly reflects your wishes.

In this blog, we’ll cover the most frequent mistakes people make when writing a Will and how to avoid them.

Mistake 1: Not Writing a Will at All
The most obvious mistake is doing nothing. Many adults assume they are too young, too poor, or that their assets will automatically go to loved ones. In reality, 60% of UK adults don’t have a Will, leaving their estates to be distributed according to intestacy laws, which may not reflect their wishes.

Tip: Creating even a simple Will provides clarity and protection for your family.

Mistake 2: Using a DIY Will Without Legal Guidance
While DIY Wills can work for very simple estates, errors are common:

• Incorrect wording

• Missing signatures or improper witnessing

• Overlooked assets or beneficiaries

Even small mistakes can make a Will invalid or open to legal challenge, costing your family time and money.

Mistake 3: Failing to Update the Will
Life changes — marriage, divorce, children, property purchases, inheritance — all can affect your Will. An outdated Will may:

• Leave assets to unintended beneficiaries

• Fail to protect minor children

• Create ambiguity that leads to disputes

Tip: Review your Will every 3–5 years or after major life events.

Mistake 4: Not Naming Executors or Choosing the Wrong People
Executors carry out your instructions, pay debts, and distribute assets. Choosing the wrong executor, or failing to name one, can create delays and complications.

Tip: Pick trusted individuals and consider appointing a professional executor if needed.

Mistake 5: Ignoring Guardianship for Children
If you have minor children, your Will is the only way to legally appoint guardians. Without this, the courts decide who will care for your children, which may not align with your wishes.

Tip: Discuss your choice with potential guardians before including them in your Will.

Mistake 6: Not Being Specific About Assets
Vague instructions like “all my jewelry to my daughter” can create confusion. Specify:

• Which items go to whom

• How assets are divided among multiple beneficiaries

• How digital or intangible assets should be handled

Clarity reduces disputes and ensures your intentions are followed.

Mistake 7: Overlooking Digital Assets
Increasingly, people have digital accounts, online investments, and cryptocurrencies. Not including these assets in your Will can result in:

• Accounts being inaccessible

• Digital property lost or mismanaged

• Valuable information unavailable to your family

Include clear instructions for logins, passwords, and digital asset management.

Mistake 8: Failing to Consider Tax Implications
Inheritance tax can significantly impact your estate. Without planning, your family may pay more than necessary. A well-prepared Will, sometimes combined with professional advice, can:

• Utilise allowances

• Minimise tax liability

• Ensure more of your estate goes to your intended beneficiaries

Mistake 9: Not Storing the Will Properly
A Will is only useful if it can be found. Many people make the mistake of storing it in unsafe locations or forgetting to inform executors where it is.

Tip: Keep your Will in a secure place, such as a solicitor’s office, bank safe, or a fireproof home safe, and let your executors know where it is.

Mistake 10: Assuming Marriage or Children Automatically Protects Beneficiaries
Many assume marriage or having children ensures they are automatically provided for. In the UK, intestacy rules are complex:

• Unmarried partners have no automatic inheritance rights

• Children from previous relationships may need specific mention

• Certain assets may not pass as expected without a Will

A clear Will removes assumptions and guarantees your loved ones are protected.

Practical Example
Laura created a Will at 30, but over the next decade she got married, had a child, and bought a property. She never updated the Will, leaving her child unprotected and her spouse with only partial inheritance. When she passed away, her family had to navigate legal complications that could have been avoided.

Regular updates and careful drafting prevent these issues and protect your loved ones.

Tips to Avoid Mistakes

1. Start with a clear plan: List assets, beneficiaries, and guardians.

2. Seek professional advice: A solicitor or Will-writing service ensures legal validity.

3. Be specific: Avoid vague language and clarify your intentions.

4. Include digital assets: Provide instructions for online accounts and investments.

5. Review periodically: Life changes may require updates or codicils.

6. Store securely: Keep your Will safe and accessible to executors.

Conclusion
Writing a Will is about protecting your loved ones and ensuring your wishes are followed. Avoiding these common mistakes saves time, money, and stress for your family.

Next Step: Download our Free Will Guide PDF for step-by-step advice and practical tips to create a Will that is legally valid, comprehensive, and tailored to your circumstances.