What is the biggest mistake in a will?
Making a will is one of the most important things you can do for the people you love. It decides who inherits your money, property and possessions, and who looks after your children if anything happens to you.
Yet a will only works if it is valid, clear and up to date. Small mistakes can leave your wishes ignored, cause family disputes or create an unexpected tax bill. In this guide, Versus Law Solicitors explains the most common mistakes people make with their wills in England and Wales, and how to avoid them.
The biggest mistake: not having a will at all
The single biggest mistake is not making a will. If you die without one, you die “intestate”, and the law decides who inherits your estate, not you.
Under the intestacy rules in England and Wales:
- Unmarried partners inherit nothing, however long you have lived together
- Stepchildren are not included unless they were legally adopted
- Friends and charities receive nothing
- Your spouse may not inherit everything, as children can be entitled to a share of larger estates
Without a will, your family may also face delays and extra costs in sorting out your estate. Making a will is the simplest way to stay in control.
Mistakes when writing and signing your will
1. Not signing or witnessing it properly
For a will to be valid, you must sign it in front of two independent witnesses, who are both present at the same time. They must then sign it in front of you. If any step is missed, the whole will could be invalid.
2. Letting a beneficiary witness the will
A witness should never be someone who inherits under the will, or their spouse or civil partner. The will itself stays valid, but that person loses their gift. It is a common and costly mistake.
3. Using vague or unclear wording
Phrases like “my savings” or “my jewellery to the girls” can be read in more than one way. Unclear wording often leads to arguments between family members, and sometimes to court. Name people and items clearly.
4. Forgetting the residue
The residue is everything left after specific gifts, debts and expenses are paid. Many homemade wills list individual gifts but forget to say who gets the rest. Anything not covered may then pass under the intestacy rules.
Mistakes about the people in your will
5. Choosing the wrong executors
Your executors carry out the instructions in your will. Choosing someone who is disorganised, lives abroad or is much older than you can cause delays. It is also wise to name a back-up executor, in case your first choice cannot act.
6. Not appointing guardians for your children
If you have children under 18, your will is the place to name who should look after them. Without this, the court may have to decide.
7. Forgetting about a cohabiting partner
Many couples live together for years without marrying. Because unmarried partners have no automatic right to inherit, your will must name them clearly if you want them provided for.
8. Leaving someone out without explanation
You can choose who inherits, but some people, such as a spouse, child or dependant, may be able to make a claim against your estate if they are left without reasonable provision. If you decide to leave someone out, take advice and consider recording your reasons.
Not keeping your will up to date
9. Not updating after marriage or a civil partnership
In England and Wales, getting married or entering a civil partnership automatically cancels any existing will, unless it was made with that marriage in mind. Many people do not realise this until it is too late.
10. Not updating after divorce
Divorce does not cancel your will, but your former spouse is treated as if they had died before you. This can leave gaps, such as no executor or no one to receive the residue. Review your will as soon as your divorce is finalised.
11. Ignoring other life changes
A will that made sense ten years ago may not reflect your life today. Review it after the birth of a child or grandchild, a death in the family, buying or selling a home, or a big change in your finances. A good rule is to check your will every three to five years.
Mistakes about your assets
12. Misunderstanding jointly owned property
If you own your home as “joint tenants”, your share passes automatically to the other owner when you die, whatever your will says. If you own it as “tenants in common”, your share passes under your will. Check how your property is held before you make your will.
13. Forgetting pensions and life insurance
Many pensions and life insurance policies do not pass under your will. Instead, they are paid out according to a nomination or “expression of wish” form. Make sure these are up to date too.
14. Overlooking digital assets
Online accounts, photos, cryptocurrency and social media profiles are increasingly part of an estate. Keep a secure record of what you have, and consider who should deal with it.
15. Not planning for inheritance tax
Without planning, your estate could pay more inheritance tax than it needs to. A solicitor can explain the allowances available and how your will can make the most of them.
Mistakes after the will is signed
16. Making changes by hand
Crossing out names or adding notes to a signed will can make those changes invalid, or even put the whole will in doubt. Changes should be made with a properly signed and witnessed codicil, or a new will.
17. Not telling anyone where your will is
A will is no use if nobody can find it. Store the original safely, for example with your solicitor, and tell your executors where it is kept.
Make sure your will does what you want
Most will mistakes are easy to avoid with the right advice. A professionally drafted will gives you peace of mind that your wishes are clear, legally valid and up to date.
Whether you need to make your first will or review an existing one, Versus Law Solicitors can help.
Ready to protect the people you love?
-
Common conveyancing fees explained
-
Are conveyancing fees based on property value?
-
What does a conveyancing solicitor do during a property purchase?
-
What happens on exchange of contracts?
-
What’s the difference between exchange of contracts and completion?
-
What you need to know about buying a property jointly
-
Why is my conveyancing taking so long? The honest answer
-
Can you use the same conveyancer as the seller?
-
Additional conveyancing fees you might not expect to pay
-
What is a TA13 form? Completion information and requisitions on title explained
