Common Mistakes in Will Writing and How to Avoid Them

Introduction

Writing a will is one of the most important steps you can take to protect your assets and ensure that your loved ones are provided for after you’re gone. However, many people attempt to draft their own wills, believing it’s a straightforward process. While DIY will writing may seem cost-effective and simple, even minor mistakes can lead to serious legal issues, rendering the will invalid, causing disputes among family members, or causing your estate to incur heavy legal fees when it comes to probate.

In this guide, we’ll explore some of the most common mistakes people make when drafting their own wills and explain how working with a solicitor can help avoid these pitfalls. By understanding these common errors, you can make sure your will is legally sound and truly reflects your wishes.

i. Mistake #1: Not Signing the Will Correctly

One of the most frequent errors in DIY will writing is failing to sign the document in accordance with legal requirements. In England and Wales, a will must be signed in the presence of two independent witnesses, who must also sign the document in the testator’s presence. These witnesses should not be beneficiaries of the will, as their inheritance could be rendered invalid.

· An improperly signed will can be declared invalid in court, which may mean that the estate is distributed according to intestacy laws instead of the wishes expressed in the will. This can result in unintended consequences, including loved ones being excluded from the inheritance.

· To avoid this mistake, ensure that you sign your will in the presence of two independent witnesses who also sign it at the same time. For additional assurance, working with a solicitor can help ensure the process is correctly handled and legally binding.

ii. Mistake #2: Failing to Update the Will

A will is not a ‘set it and forget it’ document; it should evolve alongside changes in your personal life and financial situation. Many people fail to update their wills after significant life events like marriage, divorce, the birth of a child, or the acquisition of new assets. As a result, their wills may become outdated, potentially leading to complications for the intended beneficiaries.

· An outdated will may not reflect your current wishes, which can cause confusion and disputes among family members. For example, if you remarried but didn’t update your will, it will be treated as if your will was revoked on your new marriage, and so your estate would pass under the rules of intestacy if you failed to update your will after your marriage.

· Review your will every few years and make updates after any major life event. This ensures it reflects your current situation and desires, providing peace of mind for both you and your loved ones. A solicitor can assist with regular reviews and recommend changes to ensure the will remains valid and relevant.

iii. Mistake #3: Not Including Specific Details on Asset Distribution

One of the primary purposes of a will is to clearly state how your assets should be distributed. However, vague or ambiguous language can create confusion, leading to disputes among beneficiaries. Simply stating, “I leave my assets to my family” could result in misunderstandings over which assets go to whom, and this may not align with your actual intentions.

· A lack of clarity can lead to strained family relationships or even legal battles as beneficiaries try to interpret your wishes. This could also result in assets not being distributed in the way you intended, with certain loved ones potentially receiving nothing.

· When drafting your will, be as specific as possible. Clearly describe each asset and name the individual who should inherit it. For example, rather than saying “my car,” specify “my 2019 Ford Focus to my son, James.” Working with a solicitor can help you draft detailed and legally sound language that minimises any potential confusion.

iv. Mistake #4: Overlooking Inheritance Tax Implications

Inheritance tax (IHT) can significantly impact the value of your estate that ultimately reaches your beneficiaries. Many people neglect to consider the implications of IHT when writing their will, resulting in a larger tax burden that reduces the inheritance available for loved ones.

· Without effective IHT planning, your estate may be subject to substantial taxes, potentially reducing the value of your beneficiaries’ inheritance. This can lead to unexpected financial strain, particularly if assets like property must be sold to cover the tax bill.

· IHT planning can help minimise the tax liability on your estate. Consulting a solicitor with expertise in estate planning can help you explore tax-efficient strategies, such as setting up trusts or making gifts during your lifetime, to preserve more of your wealth for your beneficiaries.

v. Mistake #5: Not Consulting a Legal Professional

DIY will kits and online templates are widely available and may seem like an easy solution. However, they often lack the necessary legal insight, resulting in wills that are incomplete, incorrectly formatted, or legally invalid. Without expert guidance, it’s easy to overlook crucial details, leading to unintended consequences.

· A will drafted without legal advice is more susceptible to challenges in court. If the will is found to be invalid, your estate may be distributed according to intestacy laws, which could leave certain loved ones out of the inheritance altogether.

· Hiring a solicitor to draft your will ensures that it meets all legal requirements and is tailored to your unique circumstances. Our expert team can help you consider all assets, avoid tax pitfalls, and ensure that your wishes are accurately reflected, providing peace of mind for both you and your loved ones.

Conclusion

Drafting a will is essential to safeguarding your legacy and providing for those you care about. However, DIY wills are prone to errors that can undermine your intentions. By understanding and avoiding these common mistakes, and by working with a solicitor, you can create a will that is legally valid, tax-efficient, and tailored to your wishes.

Wills Week is the perfect opportunity to take action. Consider speaking with our expert solicitors to create or update your will. This simple step can provide peace of mind, knowing that your loved ones are cared for and your estate will be managed as you intended. This Wills Week (4th – 8th November), we’re partnering with Battersea Dogs & Cats Home to offer a simple Will in exchange for a £150 donation – an opportunity to secure your legacy and support a worthy cause.

Contact us today on 020 7940 4060 or email us at mail@anthonygold.co.uk