Drafting a will is a key part of managing your affairs and protecting your loved ones after death. It lets you decide who will receive your property, money, and personal belongings. A well-prepared will can prevent disputes and ensure your wishes are followed.
However, many people make mistakes when writing their wills. These errors can cause delays, trigger legal disputes, or even render the will invalid. This article outlines eight common mistakes to avoid when preparing your will.
Mistake 1: Not Getting Legal Advice
Many people try to write their wills by themselves. They might use free templates or online forms. This can seem easy and cheap. But it carries risks. These templates do not always fit your personal circumstances. They might leave out important details or break legal rules. As a result, your will might be challenged or ignored.
Legal advice matters. A wills solicitor knows the law and how to write a will that is clear and valid. They can help you include everything important. This includes naming executors, beneficiaries, guardians, and managing complex assets. They can also advise on trusts or how to reduce tax liabilities.
When a professional prepares your will, you get peace of mind. You know your wishes will be followed. If you do it yourself, you risk problems that can cause stress for your family later.
Mistake 2: Not Updating Your Will
Your life will change over time. You might marry, divorce, have children, buy or sell property, or gain or lose wealth. Your will should change to reflect these events.
Many people make the mistake of writing a will once and forgetting it. This can lead to serious problems. For example, if you divorced but did not update your will, your ex-spouse might still inherit. Or if you had a child but did not add them to your will, they may get nothing.
It is important to review your will regularly. A good rule is to look at it every three to five years or after big life changes. Updating your will helps keep it accurate and prevents surprises.
A solicitor can help you update your will properly. They will make sure changes are legally valid and clear.
Mistake 3: Forgetting Digital Assets
Today, many people own digital assets. These can include online bank accounts, cryptocurrencies, social media profiles, blogs, photos, and email accounts. These assets have value. They can be sentimental or financial.
Many wills do not mention digital assets. This can create problems. Executors may not know about these assets or how to access them. Sometimes accounts are locked or deleted after death.
You should list your digital assets in your will or in a separate document referenced by your will. Include usernames, passwords, and instructions. Decide what should happen to each asset. For example, you might want some accounts deleted or others passed to a beneficiary.
A legal advisor can help you identify all digital assets. They will assist in drafting instructions to protect your digital legacy. Ignoring this part of your estate can mean losing valuable or important online property.
Mistake 4: Not Naming a Backup Executor
Your executor manages your estate after you die. They collect assets, pay debts, and distribute property according to your will. You must trust this person because they carry great responsibility.
Many people forget to name a backup executor. If the first executor cannot act—due to death, illness, or refusal—no one steps in automatically.
Without a backup, the court may have to appoint someone. This can cause delays and extra costs.
This process can be slow and expensive. It can also cause stress for your family.
To avoid this, always name at least one substitute executor in your will. Choose someone you trust who is willing to help. Talk to them beforehand so they know their role. A solicitor can help you name and document backup executors properly.
Mistake 5: Using Vague Language
Your will should use clear and specific language. Vague wording can lead to confusion and disputes. When a will is unclear, family members may argue over your intentions.
For instance, if you simply write “my jewellery” without listing the items, people may disagree about what should go to whom. If you say “to my friends” without naming them, it is unclear who you meant or what they should receive.
To avoid this, describe gifts in detail. Use full names for each beneficiary. Clearly state which items or amounts you want to leave them.
A solicitor can help draft your will with precision. They know how to use legal terms correctly and avoid vague language. Clear wording lowers the risk of conflict or legal challenges later on.
Mistake 6: Ignoring Tax Issues
Taxes can reduce the amount your beneficiaries receive. If you do not plan properly, inheritance tax and other duties may take a large portion of your estate.
Good estate planning looks at tax early. You can arrange your will to reduce tax where possible. This might involve trusts or gifts made before death.
Ignoring taxes can mean your family inherits less than you intended. It can also create administrative problems.
A wills solicitor understands tax law. They can suggest ways to structure your will to protect your assets. This planning helps your beneficiaries get the most from your estate.
Mistake 7: Not Signing and Witnessing Correctly
For your will to be valid, you must sign it correctly. The law requires that you sign your will in the presence of two witnesses. Those witnesses must also sign it.
If this process is not followed exactly, the will may be invalid. That means it will not be accepted after your death. Instead, the rules of intestacy will apply, which might not match your wishes.
Common mistakes include using witnesses who are beneficiaries or failing to have everyone sign at the same time. These errors can cause the will to be rejected.
It is best to have a solicitor or professional help with signing and witnessing. They ensure the will meets all legal requirements and is properly executed.
Mistake 8: Forgetting About Minor Children and Dependents
If you have children under 18 or dependents who need care, your will should address their needs, which includes naming guardians to look after them if you pass away.
You should also specify how money should be managed for their support. This helps protect their wellbeing and future.
If you leave out these details, your family may face uncertainty. The court may need to appoint a guardian, which can be stressful and lead to delays.
A solicitor can help you draft clear provisions. They ensure guardians are appointed and finances arranged to care for your dependents as you wish.
Additional Considerations
Besides the common mistakes, other factors are important when drafting your will.
For example, consider how debts and liabilities will be handled. Your will does not cover these directly. Your executor must pay any debts from the estate before handing out assets.
You may also wish to include funeral instructions. These are not legally binding, but they can guide your family and ease their stress during a difficult time.
If your estate is complex—for example, if it includes business interests or overseas assets—your will should deal with these matters clearly. In these cases, getting professional advice is important.
Remember, a will only takes effect after your death. You can change or revoke it at any time before then. Keep your will safe and inform trusted people where to find it.
If you need assistance, consulting a wills and estate lawyer is strongly recommended. They offer tailored advice, ensure your will meets legal requirements, and help protect your wishes.