Making a Will is one of the most important steps in protecting your family's future. It provides clarity, sets out how your estate should be distributed, and helps ensure your loved ones are not left dealing with unnecessary stress and uncertainty at a difficult time.
However, because a Will is a formal legal document, even small errors in wording, structure, or execution can lead to significant complications. In some cases, misunderstandings about the law can result in a Will being challenged or not carrying out your wishes as intended.
Whether you are writing a Will for the first time or reviewing an existing one, understanding the most common pitfalls can help ensure your estate planning works as intended.
Here are five of the most common mistakes people make when writing a Will, and how to avoid them.
1. Assuming Marriage or Remarriage Does Not Affect Your Will
One of the most widely misunderstood rules in English law is the impact of marriage on existing Wills.
In most cases, getting married or entering into a civil partnership automatically revokes any previous Will unless it was specifically written in contemplation of that marriage.
This means that a Will written while single may no longer be valid after marriage, even if it was carefully prepared.
If a new Will is not made, the estate may be distributed under intestacy rules, which do not always reflect personal wishes and can lead to unintended outcomes - particularly in blended family situations.
2. Appointing a Beneficiary as a Witness
To be valid, a Will must be signed in the presence of two independent witnesses.
A common mistake is asking a beneficiary, or the spouse of a beneficiary, to act as a witness.
While the Will itself may remain valid, section 15 of the Wills Act 1837 provides that any gift to a witness (or their spouse) is void.
In practice, this means the intended inheritance for that person would be lost, even though the rest of the Will may still stand.
3. Failing to Include Substitute Beneficiaries
A Will should account not only for what happens if everything goes as planned, but also for what happens if it does not.
A frequent oversight is failing to name substitute (or "backup") beneficiaries.
For example, if your entire estate is left to a single child but they die before you, and no substitute is named, their inheritance may be redirected according to intestacy rules or passed to relatives you did not intend to benefit.
Clear substitute provisions help ensure your estate passes in line with your wishes, even if circumstances change.
4. Relying on Informal Wishes for Specific Gifts
Many people assume that telling family members their intentions is enough when it comes to sentimental possessions.
However, verbal instructions or informal notes are not legally binding.
If you want specific items to pass to particular people, they should be clearly identified in your Will or through a properly referenced personal chattels clause.
Without this, disputes can arise, particularly where sentimental items carry emotional rather than financial value.
5. Storing the Will Where It Can't Be Found
A well-drafted Will is only useful if it can be located when needed.
A common issue is storing the original Will in a place that is inaccessible or unknown to executors, such as a private safe, a locked drawer without shared access, or a storage facility requiring additional legal authority to open.
If the original Will cannot be found, there is a risk the estate may be treated as if no Will exists, or that a copy Will may need to be proved, which can add delay and complexity to probate.
Ensuring executors know exactly where the original document is stored is a simple but essential step.
6. (Bonus) Not Reviewing Your Will After Major Life Changes
One additional and very common mistake is failing to review a Will after significant life events.
These may include:
- Marriage or divorce
- Birth of children or grandchildren
- Buying or selling property
- Moving in with a new partner
- Significant changes in financial circumstances
A Will is not a "set and forget" document. It should be reviewed periodically to ensure it continues to reflect your wishes and current family situation.
If you're unsure whether your current Will still reflects your wishes, we're always happy to review it with you and explain any changes that may be worth considering.