Common Mistakes Made When Writing A Will

Creating a will is one of the most important steps in planning for the future. It helps keep your wishes clear and reduces conflict for those you leave behind. Still, many people make avoidable mistakes that can lead to confusion, legal challenges, or unintended outcomes. Let’s explore some common mistakes people make when they don’t have wills lawyers advising them.

Leaving Out Digital Assets

Most people think of property, money, or family heirlooms when writing a will. However, digital assets are just as important today. This includes access to online banking, social media accounts, cloud storage, or cryptocurrency. Failing to include digital assets in your will can lead to delays or your beneficiaries never receiving said assets.

Failing To Name A Backup Executor

Choosing an executor is a critical part of any will, but people often forget to name an alternate. If your chosen executor is unwilling or unable to act when the time comes, not having a backup can lead to delays or a court-appointed representative making decisions instead.

Not Updating The Will After Major Life Events

A will is not a one-time task. Life changes—marriage, divorce, having children, or acquiring new assets—require updates. A will that doesn’t reflect your current situation can lead to disputes or someone being unintentionally left out. We recommend updating your will after a major life event and reviewing your will every few years.

Making Verbal Promises Without Putting Them In Writing

It’s not uncommon for someone to make verbal agreements about who gets what. Unfortunately, if it’s not clearly written into the will, those promises may hold no legal weight. Courts rely on what’s in writing, so anything important needs to be documented.

Using Vague Language

A will should be specific. Phrases like “my personal items” or “family heirlooms” can lead to confusion about what exactly is being referenced. List assets clearly and name recipients directly when possible to avoid misunderstandings. An experienced wills and estate planning attorney can make sure there’s no vague language.

Failing To Address Guardianship For Children

If you have minor children, your will should name a guardian. Without this, the court may have to decide who will care for them, which might not align with your preferences. We recommend discussing this role with the person you want to name as a guardian.

Not Considering Debts And Taxes

Many people forget that their estate will likely have to settle debts before anything is distributed. Some assets may also come with tax obligations, which the right attorney can help you navigate. Planning with this in mind can prevent beneficiaries from being caught off guard.

Trying To Write The Will Without Legal Help

DIY wills may seem like a cost-saving option, but they often result in errors that make them invalid. Our friends at Silverman Law Office, PLLC can attest to the number of wills they’ve seen that needed legal corrections or led to probate issues. While writing your own will is possible, it’s safer to have it reviewed by someone familiar with the legal requirements in your state. Call an attorney to help you save time and money.