The Three Most Common Mistakes When Writing a Will — And How to Avoid Them

Writing a will is one of the most important steps you can take to protect your loved ones and ensure that your wishes are carried out after your death. Yet, despite its importance, many people fall into the same common traps that can result in unnecessary expense, legal disputes, or unintended outcomes. In this post, we highlight the three most frequent mistakes people make when writing their wills — and how you can avoid them.

Mistake 1: Writing Your Will Without Professional Help

In an age where DIY options are readily available, it can be tempting to write your own will. However, this is one area where taking shortcuts can prove very costly. Many people assume that writing a will is simple, but without proper legal knowledge, things can go badly wrong.

One of the most common issues with DIY wills is improper execution. For a will to be valid in England and Wales, it must be:
• Signed by the testator (you)
• Witnessed by two independent adults (who are not beneficiaries or spouses of beneficiaries)
• Signed by the witnesses in your presence

Failure to get these formalities right means your will may be invalid, and your estate could be distributed according to the laws of intestacy — not your wishes.

Another pitfall is oversimplification. A DIY will often fails to include appropriate provisions for inheritance tax planning or asset protection. This can result in your estate being hit with avoidable tax bills, or assets being exposed to risks such as future divorce settlements, bankruptcy, or benefit clawbacks. A professional will writer or solicitor will ensure your will is robust, tax-efficient, and tailored to your specific family and financial circumstances.

Mistake 2: Failing to Update Your Will After Major Life Events

Many people write a will and then forget about it — sometimes for decades. But life changes, and so should your will.

Significant life events that should prompt a will review include:
• Marriage – When you get married, your existing will is automatically revoked unless it includes a “contemplation of marriage” clause naming your intended spouse. Without this clause, you may unknowingly die intestate. If you’re planning to marry, you should make a new will in advance, ensuring it contains this critical clause.
• Divorce – Divorce doesn’t cancel your will, but it treats your ex-spouse as if they have predeceased you. This can lead to unintended consequences, especially if your ex was appointed as your sole executor.
• Receiving an inheritance – If your estate grows substantially, it may be necessary to revise your will to include inheritance tax planning strategies or trust structures for asset protection.
• Changes in family circumstances – Perhaps one of your children is now facing marital issues, financial problems, or is receiving means-tested benefits. Alternatively, they may have become financially secure and no longer need a large share of your estate. These are all important reasons to revisit and revise your will.

A good rule of thumb is to review your will every 3-5 years, or sooner if your personal or financial circumstances change significantly.

Mistake 3: Appointing the Wrong Executors

Choosing your executors is a decision that deserves careful thought. Executors are the individuals responsible for carrying out the terms of your will — collecting your assets, paying debts, managing tax affairs, and distributing your estate. It’s a serious and time-consuming role that requires trust, competence, and availability.

Your executors should be:
• Trustworthy and responsible
• Financially literate
• Willing and able to act

It’s generally best to avoid appointing professional executors, such as solicitors or banks, unless you have no suitable friends or family. Professional executors charge significant fees — sometimes a percentage of your entire estate — and they are difficult to remove, even if your beneficiaries are dissatisfied with their performance. By contrast, a trusted family member or friend can always seek professional advice if needed, without being locked into expensive arrangements.

You should also appoint more than one executor. Executors often act as trustees where ongoing trusts are set up in the will (such as for children or vulnerable beneficiaries), and at least two trustees are usually required. Appointing three executors is ideal. If one passes away or is unable to act, you still have two remaining. It also helps maintain balance and prevents one executor from dominating decisions — although it’s important to remember that all executors must act unanimously.

Final Thoughts

A properly drafted and regularly reviewed will is one of the most powerful tools you can use to protect your legacy and provide for your loved ones. Avoiding these three common mistakes — trying to write your own will, failing to keep it up to date, and choosing the wrong executors — can save your family significant stress, expense, and conflict down the line.

If you’re unsure whether your current will still reflects your wishes or circumstances, or if you’re thinking of writing a new one, now is the perfect time to speak to me or a member of my team.