A will can be carefully thought through and still fail to do what you intended if one basic detail is missed. The top will writing mistakes are rarely about complicated legal language. More often, they involve choosing the wrong witness, forgetting how a home is owned, or putting the finished document somewhere nobody can find.
For people in England and Wales, a properly made will gives you control over who inherits, who looks after children and who deals with your estate. Taking a little care now can spare the people close to you uncertainty, delay and avoidable disagreements later.
1. Assuming your family will automatically inherit
Many people believe their spouse, partner or children will simply receive everything. That is not always the case. If you die without a valid will, the intestacy rules decide who inherits. Those rules follow a fixed order and do not take account of personal relationships, promises you have made or what you might have considered fair.
This can be especially difficult for unmarried couples. No matter how long you have lived together, a cohabiting partner does not automatically inherit under intestacy rules. Stepchildren are not automatically included either. A will lets you state clearly who should benefit and in what shares.
2. Not updating your will after a major life change
A will is not a document to write once and forget. Marriage or entering a civil partnership usually revokes an existing will, unless it was made specifically in contemplation of that marriage or civil partnership. Divorce does not automatically cancel the whole will, but it can affect how gifts to a former spouse or civil partner are treated.
A new baby, a house move, a separation, the death of an executor or beneficiary, or a significant change in finances can all mean your will needs reviewing. It may still be legally valid, yet no longer reflect your wishes. Reviewing it every few years, and after a major life event, is a sensible habit.
3. Using witnesses incorrectly
This is one of the most serious top will writing mistakes because it can make a will invalid or prevent an intended gift from taking effect. In England and Wales, you must sign your will, or acknowledge your signature, in the presence of two witnesses who are both present at the same time. Each witness must then sign the will.
Witnesses should be aged 18 or over and should not be beneficiaries under the will. Nor should they be married to, or in a civil partnership with, a beneficiary. If a beneficiary or their spouse or civil partner acts as a witness, the will itself may remain valid, but that beneficiary’s gift is normally lost.
Choose independent adults who understand they are witnessing your signature, rather than approving the contents of your will. Follow the signing instructions carefully. A good will can be undone by a rushed kitchen-table signing.
4. Being vague about gifts and beneficiaries
Saying that you want to leave something to “my children” or “my jewellery” may sound clear enough, but ambiguity can create problems. Does “children” include stepchildren? Which items count as jewellery if pieces have been sold, replaced or gifted during your lifetime? What happens if the person you named dies before you?
Use full names and make your intentions as precise as possible. For particular possessions, describe them clearly and consider whether a separate letter of wishes could help with personal items. Your will should also say who receives a gift if the original beneficiary dies before you. This avoids a gap that could leave part of your estate to be dealt with under intestacy rules.
5. Forgetting how your home is owned
A jointly owned home can pass in different ways depending on the type of ownership. If you own as joint tenants, the surviving owner usually inherits your share automatically. Your will cannot give that share to somebody else while the joint tenancy remains in place.
If you own as tenants in common, each owner has a separate share that can be left by will. This can be useful where couples want to protect a share of the home for children from an earlier relationship, while allowing the surviving partner to remain living there. The right approach depends on your family, finances and wishes, so do not assume the wording in your will alone settles the position.
6. Choosing an executor without considering the job
An executor is responsible for administering your estate. This can include registering the death, valuing assets, paying debts and inheritance tax where due, applying for probate if needed, and distributing the estate. It is an important practical role, not simply an honorary title.
Choose someone organised, trustworthy and likely to be able to act when the time comes. A family member can be an excellent executor, and an executor can also be a beneficiary. But think realistically about whether they would be comfortable handling paperwork and family questions during a difficult period.
It is usually wise to name at least one replacement executor in case your first choice cannot act. Tell the people you have chosen where your will is stored, though they do not need to know every detail of what it says.
7. Leaving children without clear guardianship arrangements
For parents of children under 18, naming guardians is often one of the most important reasons to make a will. Without clear wishes, the court may need to decide who should care for your children if there is no surviving parent with parental responsibility. That can add distress at an already painful time.
Speak to the people you would like to appoint before naming them. Consider their age, health, location, relationship with your children and whether they share your values. You may also want to name substitute guardians. Guardianship decisions should sit alongside practical planning: would the children have enough financial support, and who would manage money for them until they are older?
8. Giving money to children outright too soon
A child can inherit under a will, but managing a large inheritance at 18 may not be what you want. An 18-year-old may be responsible and ready, or they may still be in education and dealing with a great deal of change. There is no one right age for everyone.
A trust in a will can allow trusted people to look after money for a child and use it for their benefit, while delaying full control until an age you choose. Trusts can also be useful where a beneficiary is vulnerable, receives means-tested benefits or needs protection from financial pressure. These arrangements need careful consideration, but they are often worth discussing where family circumstances are more complex.
9. Trying to include assets that do not pass through your will
Not every asset is controlled by your will. Jointly owned assets held as joint tenants can pass automatically to the survivor. Some pensions and life insurance policies are paid at the discretion of trustees or under a nomination, rather than through your estate. Business interests may also be governed by agreements that restrict what happens on death.
This does not mean your will is less useful. It means your wider arrangements need to work together. Check pension nominations, life policy details and property ownership alongside your will. If they point in different directions, loved ones could receive a result you never intended.
10. Storing your will somewhere no one can find it
A signed will is only helpful if it can be located after your death. Keeping the original in a drawer that nobody knows about, or leaving it among piles of paperwork, risks delay and confusion. A copy is not normally a substitute for the original when probate is needed.
Store the original safely, keep it dry and undamaged, and make sure your executors know where it is held. Avoid attaching documents with staples or clips after it has been signed, as questions can arise about whether pages or contents have been altered. A professional will storage service may suit some people, while others prefer a secure place at home. The key is that the original remains protected and traceable.
A will should make life easier for the people you love
The best will is not necessarily the most complicated one. It is one that reflects your real circumstances, is signed correctly and can be acted on without leaving your family to guess what you meant. English Wills helps make the process more approachable, but the decisions remain yours: who to protect, what to leave and how to give those closest to you greater certainty.
Set aside the time to make those choices while you can explain them clearly. Your family should be left with your wishes, not a puzzle to solve.