Common Mistakes People Make With Their Wills That Matter

A will is meant to make things easier for the people left behind, but small mistakes can do the opposite. Simple slip-ups like unclear wording, the wrong witnesses, or outdated details can cause delays, disputes, or parts of an estate being handled under default rules.

The good news is that most of these issues are easy to avoid once they are understood. Whether you're drafting your first will or revisiting one you created years ago, understanding these pitfalls can save your family from unnecessary stress and legal complications when they're already dealing with loss.

The guide ahead breaks down the most common will mistakes and how to prevent them before they create problems.

Failing To Update Your Will After Major Life Changes

Life has a funny way of throwing curveballs when you least expect them, and your will needs to keep pace with these changes. You wouldn't wear the same clothes from a decade ago (well, most of us wouldn't), so why leave your will gathering dust in a drawer whilst your life transforms around it?

One of the biggest blunders people make is treating their will like a 'set and forget' document. But here's the reality that will you drafted when you were thirty probably doesn't reflect your life at fifty. Your assets have changed, your relationships have evolved, and your priorities have shifted. Yet many folks assume that once they've ticked 'write will' off their to-do list, they're sorted for life.

Marriage And Divorce

Getting married or divorced fundamentally changes your legal world, yet you'd be amazed how many people forget to update their wills accordingly. In England and Wales, marriage automatically revokes any previous will unless it was specifically made in contemplation of that marriage. That means the vows you carefully crafted before saying 'I do' become completely invalid the moment you tie the knot.

Divorce brings its own complications. Whilst divorce doesn't automatically invalidate your entire will, it does treat your ex-spouse as if they'd died on the date of divorce. This means they can't inherit under your will or act as executor, but what about those assets you'd earmarked for them that now need redistributing? Without updates, you might inadvertently leave gaps in your estate planning that could lead to partial intestacy.

Birth Of Children Or Grandchildren

The arrival of children or grandchildren is one of life's greatest joys, but it's also a critical trigger for revisiting your will. You might assume your children will automatically inherit everything, but without specifically naming them in your will, things can get complicated, especially if you have children from different relationships.

Consider guardianship, too. If you don't appoint guardians in your will, the courts will decide who raises your minor children if something happens to you and your partner. That's a decision you definitely want to make yourself, not leave to a judge who doesn't know your family dynamics or your wishes for your children's upbringing.

Choosing The Wrong Executor

Selecting an executor might seem straightforward: just pick someone you trust, right? Well, there's a bit more to it than that. Your executor has a massive job ahead of them, from tracking down assets and paying debts to dealing with HMRC and distributing inheritances. It's not just about trust: it's about capability, availability, and practical considerations.

Many people default to choosing their eldest child or their spouse without considering whether that person is actually suited for the role. Being an executor requires organisation, attention to detail, and the emotional fortitude to make decisions during a difficult time. It's a job that can take months or even years to complete.

Selecting Someone Without The Necessary Skills

Your brother might be brilliant at fixing cars, but if he breaks into a cold sweat at the sight of a tax form, he might not be your best choice for executor. The role demands someone who's comfortable with paperwork, can navigate legal requirements, and won't be overwhelmed by financial responsibilities.

Think about the practical skills needed: Can they manage complex financial matters? Are they organised enough to keep track of multiple tasks and deadlines? Do they have the time to dedicate to what can be a lengthy process? Sometimes, the person you trust most emotionally isn't the person best equipped for this particular job.

Not Considering Geographic Distance

Your best friend from uni might be perfect in every way, except they now live in Australia. Distance creates real practical challenges for executors. They'll need to visit banks, meet with solicitors, clear properties, and handle countless administrative tasks that often require being physically present.

Whilst technology has made some aspects easier, many institutions still require original documents or in-person visits. An executor living hundreds or thousands of miles away faces additional costs and time constraints that could delay the estate administration significantly. It's worth considering whether someone closer to home, even if they're your second choice personally, might be more practical.

Forgetting To Include Digital Assets

We live our lives online these days, don't we? From cryptocurrency wallets to family photos stored in the cloud, our digital footprint has become as valuable as our physical possessions. Yet most wills still read like they were written in 1985, completely ignoring the digital age.

Your digital assets aren't just about money, though. With the rise of cryptocurrency, NFTs, and online investment platforms, there might be more financial value there than you realise. Think about your social media accounts, your email archives containing years of correspondence, subscription services, online businesses, domain names, and those thousands of photos documenting your family's history.

Without proper provisions in your will, your loved ones might never gain access to these assets. Some might be lost forever, whilst others could continue charging your estate monthly fees because no one knows they exist or has the passwords to cancel them. Creating a digital asset inventory and including instructions in your will ensures nothing valuable, whether monetary or sentimental, gets lost in the digital ether.

Don't forget about intellectual property either. If you've written a blog, created artwork, or developed any kind of content online, these could have ongoing value that your beneficiaries deserve to inherit.

Using Ambiguous Language And Terms

Ambiguous language in wills causes more family disputes than almost any other issue. The problem with vague wording is that everyone interprets it through their own lens. What seems obvious to you might be completely unclear to others, especially when emotions are running high after a loss. Courts are littered with cases where families have fallen out over the interpretation of seemingly simple phrases.

Vague Beneficiary Descriptions

Using terms like 'my children' or 'my grandchildren' might seem straightforward, but life's rarely that simple. What about stepchildren? Adopted children? Children born after the will was written? What if you're estranged from one child? Did you mean to include them or not?

Similarly, leaving something to 'my friend Sarah' becomes problematic if you know three Sarahs, or if Sarah Johnson has since married and become Sarah Williams. Always use full legal names, current addresses where possible, and clearly define relationships. If you mean biological children only, say so. If you want to include step-grandchildren, spell it out.

Unclear Asset Distribution

Saying you want your assets divided 'fairly' amongst your children is asking for trouble. Fair according to whom? Does fair mean equal? Or does it account for the fact you've already helped one child with a house deposit?

Be specific about percentages, particular items, and any conditions attached to inheritances. Instead of 'my investment accounts to my children,' specify which accounts, in what proportions, and whether you mean the value at the time of writing or at the time of your death. The clearer you are now, the fewer arguments there'll be later.

Not Properly Executing The Will

You could have the perfect will, drafted with crystalline clarity, but if it's not signed and witnessed correctly, it might as well be a shopping list. The legal requirements for executing a will aren't suggestions: they're absolute necessities.

In England and Wales, your will must be signed by you in the presence of two witnesses, who must then sign in your presence and in each other's presence. Sounds simple enough, but you'd be surprised how often people get this wrong. Maybe one witness steps out to answer a phone call, or you sign it and then ask witnesses to pop by separately later to add their signatures. These seemingly minor deviations can invalidate your entire will.

Your witnesses can't be beneficiaries or married to beneficiaries; this catches people out constantly. Your spouse can't witness your will if they're inheriting anything, nor can your children. Even if a beneficiary witnesses your will, whilst the will itself might remain valid, that person loses their inheritance.

Imagine your daughter losing her inheritance simply because she was the convenient choice to witness your signature. And when in doubt, seek professional advice. The peace of mind that comes from knowing you've properly provided for your loved ones? That's priceless.

And here's something people often overlook: keeping your will safe and ensuring the right people know where to find it. The best will in the world is useless if it's sitting in a drawer somewhere that nobody knows about.

Consider registering your will or using a professional storage service. Services like those offered by Trustwise Planning can guarantee your will is not only properly executed but also safely stored and easily located when needed.

Conclusion

Creating a will that truly protects your loved ones and honours your wishes requires more than just good intentions. It demands attention to detail, regular reviews, and an understanding of the legal requirements that transform your wishes into binding instructions.

Your will is one of the most important documents you'll ever create, serving as your final act of care for those you love. Taking the time to get it right, keeping it updated, and ensuring it's properly executed isn't just about avoiding legal complications; it's about providing clarity and comfort to your family during one of the most difficult times they'll face.

Remember, your circumstances aren't static, and neither should your will be. Make it a habit to review your will whenever life throws you one of those major curveballs, or at least every few years.

Frequently Asked Questions

What happens to my will if I get married after writing it?

In England and Wales, marriage automatically revokes any previous will unless it was specifically made in contemplation of that marriage. This means you'll need to create a new will after getting married, otherwise your estate may be distributed according to intestacy rules rather than your wishes.

Can my beneficiaries witness my will?

No, beneficiaries or their spouses cannot witness your will. Whilst the will itself might remain valid if a beneficiary acts as a witness, that person will lose their inheritance entirely. Always choose independent witnesses who aren't receiving anything under your will.

How often should I review and update my will?

You should review your will after any major life change, such as marriage, divorce, births, or deaths, and at least every three to five years, regardless. Regular reviews ensure your will reflects your current circumstances, relationships, and assets, preventing complications for your loved ones.

What are digital assets, and should they be included in my will?

Digital assets include online accounts, cryptocurrency, cloud storage, social media profiles, and digital subscriptions. Yes, they should be included in your will along with access instructions. Without proper provisions, valuable digital assets may be lost forever or continue charging fees to your estate.

What makes someone unsuitable to be an executor of a will?

An executor might be unsuitable if they lack organisational skills, live far away, struggle with financial matters, or don't have time for the lengthy administration process. Consider choosing someone who's detail-oriented, geographically accessible, emotionally capable, and comfortable handling complex paperwork and legal requirements.