Why Will Mistakes Matter

A will seems straightforward, but small mistakes can have serious consequences:

  • Your will could be invalid
  • Your wishes might not be carried out
  • Your family could face legal battles
  • Beneficiaries might not get what you intended
  • Tax planning could fail
  • Distribution could be delayed for years

The good news? These mistakes are completely avoidable. Here are the seven most common will mistakes and how to prevent them.

Mistake #1: Having a Witness Who Benefits

The Mistake

Many people ask family members to witness their will signing – and these family members are often beneficiaries. This is a critical error.

The Law

If a beneficiary (or their spouse/civil partner) witnesses your will, they lose their inheritance. The will itself remains valid, but that person's gift fails.

Example

You leave your house to your daughter Sarah. She witnesses your will. The will is valid, but Sarah can't inherit the house. It will go to whoever inherits your residuary estate, or under intestacy rules if there's no residuary clause.

How to Avoid It

  • Choose witnesses who are NOT beneficiaries in your will
  • Use neighbors, friends, colleagues who aren't in your will
  • If in doubt, ask your will provider for guidance
  • Never let spouses/partners of beneficiaries witness either

Why This Matters

This mistake is incredibly common and completely invalidates the gift. Your daughter who you wanted to inherit your house gets nothing through a simple witnessing error.

Mistake #2: Not Updating After Major Life Changes

The Mistake

Making a will once and never reviewing it, even after marriage, divorce, children, or other major life events.

The Problems

Marriage: In England and Wales, getting married automatically revokes any previous will. Your old will becomes invalid the moment you marry. If you don't make a new will, you die intestate.

Divorce: Divorce automatically removes your ex-spouse as a beneficiary and executor, but doesn't revoke the whole will. However, this may not reflect what you actually want.

New children: Your old will might not include them, or might distribute assets in a way that no longer makes sense.

Death of executor/guardian: The people you've named to carry out your wishes or care for your children might no longer be available.

Real Example

John made a will at 25 leaving everything to his girlfriend. They split up. He met and married Emma, had three children, and bought a house. He died at 55. His will was invalid (marriage revoked it) so he died intestate. Everything went through intestacy rules instead of to the family he'd built.

How to Avoid It

  • Review your will every 3-5 years
  • Update immediately after: marriage, divorce, births, deaths of named people
  • Make a new will after marriage that specifically states it's made “in contemplation of marriageâ€
  • Set calendar reminders to review regularly

Mistake #3: Being Vague or Ambiguous

The Mistake

Using unclear language that can be interpreted different ways, or failing to be specific enough.

Examples of Vague Language

  • “My money to be split between my children†– Does this mean just cash, or all assets? What if you have accounts in different currencies?
  • “My jewelry to my daughter†– Which daughter if you have more than one?
  • “My estate to my partner and my kids†– What proportions? Who gets what exactly?
  • “My personal possessions†– Does this include cars? Valuables? Where's the line?

The Problem

Ambiguous wills lead to:

  • Family disputes about what you meant
  • Expensive court cases to interpret your will
  • Delays in distribution
  • Outcomes you didn't intend

How to Avoid It

  • Be specific with names (full names and relationships)
  • Be clear about what you're giving (“my house at 123 Main Street, Londonâ€)
  • Use percentages for splits (“50% to my spouse, 25% each to my two childrenâ€)
  • Define terms (“by 'children' I mean my biological and legally adopted childrenâ€)
  • Use a professional service that uses clear, legal language

Mistake #4: Forgetting About Debts and Taxes

The Mistake

Distributing your estate without considering that debts, taxes, and expenses must be paid first.

The Law

Before anyone inherits anything, your estate must pay:

  • Funeral expenses
  • All outstanding debts (credit cards, loans, mortgage)
  • Any taxes due (Inheritance Tax if applicable)
  • Estate administration costs

The Problem

If your estate is worth £300,000 but you have £50,000 in debts and £20,000 in inheritance tax, only £230,000 is available to distribute. If you've promised specific people specific amounts, there might not be enough.

Common Scenario

You leave:

  • £100,000 to your friend
  • £50,000 to charity
  • Residue to your children

But after debts and taxes, only £180,000 remains. The specific gifts take £150,000, leaving just £30,000 for your children. They get far less than you intended.

How to Avoid It

  • Don't overcommit with specific gifts
  • Be aware of your liabilities
  • Consider inheritance tax implications
  • Specify that specific gifts should be paid “subject to payment of debts and taxesâ€
  • Consider life insurance to cover tax bills
  • Use a will service that explains these issues

Mistake #5: No Residuary Clause

The Mistake

Making specific gifts but forgetting to say what happens to the rest of your estate (the “residueâ€).

Example

Your will says:

  • “My diamond ring to my daughter Emmaâ€
  • “£5,000 to my friend Johnâ€
  • “My car to my son Davidâ€

But you don't say what happens to your house, savings, investments, and everything else. This “residue†will go through intestacy rules, not according to your wishes.

The Solution

Always include a residuary clause:

“I give all the rest, residue, and remainder of my estate to [name(s)] in [shares].â€

Why This Matters

The residuary estate is usually the bulk of your assets – house, savings, investments. Forgetting to deal with it means intestacy rules decide who gets the majority of what you own.

Good Practice

  • Always have a residuary clause
  • Name residuary beneficiaries clearly
  • Specify shares if splitting between multiple people
  • Include backup residuary beneficiaries

Mistake #6: Homemade Handwritten Wills

The Mistake

Writing your own will without proper guidance, or using a basic template without understanding the legal requirements.

Common DIY Will Errors

  • Not signed properly
  • Not witnessed correctly
  • Vague or ambiguous language
  • Missing essential clauses
  • Invalid conditions or restrictions
  • Doesn't cover all assets
  • Doesn't revoke previous wills
  • Unclear who gets what

The Risk

DIY wills are frequently challenged or found to be invalid. This leads to:

  • Intestacy (your wishes ignored)
  • Family disputes and court cases
  • Delays and extra costs
  • Stress for your family

Real Example

Frank wrote his will by hand and had his wife and son witness it. Problems:

  1. His wife was a beneficiary, so lost her inheritance by witnessing
  2. He didn't include a residuary clause
  3. He didn't appoint guardians for his young children
  4. His handwriting was unclear in parts

After he died, his estate went through two years of legal battles. Legal fees consumed 15% of the estate.

How to Avoid It

  • Use a proper will-writing service (online or solicitor)
  • If you must DIY, use a reputable template and follow ALL instructions
  • Have it reviewed by a professional
  • Ensure proper signing and witnessing
  • Better yet: spend £89 and use WillsConnect for expert guidance and review

The £20 you save with a DIY will can cost your family thousands in legal fees and years of stress.

Mistake #7: Not Communicating Your Wishes

The Mistake

Making a will but not telling anyone where it is, or not discussing your wishes with key people.

The Problems

Lost wills: If your executors don't know where your will is stored, they can't find it. Without a will, intestacy applies.

Surprised executors: Naming someone as executor without asking them first. They might not want to do it, or might not be capable.

Shocked beneficiaries: Unexpected distributions can cause upset and disputes, especially if someone expected to inherit but doesn't.

Unprepared guardians: Guardians who didn't know they were named might decline, causing problems for your children.

Real Example

Margaret made a will leaving most of her estate to her daughter Lucy, with smaller amounts to her son David. She never discussed this. After Margaret died, David was devastated and felt rejected. The family relationship was destroyed. Margaret had good reasons for her decision but never explained them.

How to Avoid It

  • Tell executors: Ask them first if they'll serve, and tell them where your will is stored
  • Inform guardians: Discuss your wishes for your children's upbringing
  • Consider discussing with adult children: If your distribution might be surprising, explain your reasoning
  • Store safely but accessibly: Safe place + tell executors = can be found when needed
  • Register your will: Use a will registry service so it can be located
  • Give copies: Consider giving copies to executors (but keep the original safe)

Balance Needed

You don't need to share every detail with everyone, but key people should know:

  • That you've made a will
  • Where it's stored
  • That they've been named (executors, guardians)
  • The general structure (if you want to avoid surprises)

Bonus Mistake: Making Impossible or Illegal Conditions

The Mistake

Adding conditions to gifts that are impossible to fulfill, illegal, or contrary to public policy.

Problematic Conditions

  • “My daughter inherits if she divorces her husband†(encourages divorce)
  • “My son only inherits if he changes his religion†(restricts freedom of religion)
  • “Inherits if they never marry†(restraint on marriage)
  • “Only if they visit my grave weekly†(impossible to enforce)
  • “Must be used to buy a specific house†(might not be available)

What Happens

Courts can strike out invalid conditions, meaning the gift goes through unconditionally, or in some cases, fails entirely.

Acceptable Conditions

  • “Inherits at age 25†(clear and achievable)
  • “If they graduate universit†(achievable, doesn't restrict fundamental freedoms)
  • “For use in purchasing a home†(general enough to be workable)

Best Practice

If you want to add conditions, keep them simple and reasonable, or use trusts with clear guidance for trustees.

How to Avoid All These Mistakes

The solution is simple: use a professional will-writing service that guides you through the process correctly.

Why WillsConnect Prevents These Mistakes

Mistake #1 (Wrong witnesses): We explain clearly who can and can't witness, with warnings

Mistake #2 (Not updating): We remind you to review regularly and make updates easy

Mistake #3 (Vague language): Our system uses clear, legally precise language

Mistake #4 (Forgetting debts/taxes): We explain these must be paid first

Mistake #5 (No residuary clause): Automatically included in every will

Mistake #6 (DIY errors): Expert review catches any mistakes before you finalize

Mistake #7 (Not communicating): We prompt you to inform key people

The WillsConnect Advantage

  • Clear guidance: Every question explained in plain English
  • Legal precision: Proper legal wording automatically applied
  • Expert review: Qualified wills specialist checks every will
  • Common mistakes prevented: System alerts you to potential problems
  • Proper structure: All essential clauses included
  • Easy updates: Keep your will current as life changes

For Just £89

You get all of this plus:

  • 20-30 minute completion time
  • Legally valid document
  • Secure storage
  • Peace of mind

Don't make these common mistakes. Create your will properly with WillsConnect today.