14/04/2025
The top 7 common mistakes people make when writing a Will, and how to avoid them:
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1. Not Updating the Will
Why it’s a mistake: Life changes — marriages, divorces, new children, deaths, or asset changes — can all make your Will outdated or even invalid.
✅ Fix: Review your Will every 2–3 years or after major life events.
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2. Being Too Vague or Informal
Why it’s a mistake: Saying things like “I want my daughter to have the house” without clear legal structure or definitions can cause confusion, disputes, or even make parts of the Will unenforceable.
✅ Fix: Use clear legal language and name full names, addresses, and exact asset details where possible.
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3. Failing to Appoint the Right Executor
Why it’s a mistake: Choosing someone unreliable, too emotionally involved, or without financial/legal knowledge can cause delays and mismanagement.
✅ Fix: Choose a responsible, impartial executor — and name an alternate.
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4. Ignoring Digital Assets or Sentimental Items
Why it’s a mistake: Online accounts, crypto wallets, family photos, and keepsakes often get overlooked, yet they matter to your legacy and loved ones.
✅ Fix: Include instructions for access to digital assets and specify who receives sentimental items.
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5. Not Signing the Will Correctly
Why it’s a mistake: If not properly signed and witnessed according to your country’s legal requirements, your Will may be considered invalid.
✅ Fix: Follow your jurisdiction’s rules exactly — typically:
• Signed by you in the presence of two independent adult witnesses
• Witnesses must sign in your presence (and not be beneficiaries)
6. Not making a Will in the first place
Why it’s a mistake: You die intestate so have no control who gets to inherit and you very much delay probate
✅ Fix: arrange a Will, which with the right advisors is simply achieved.
7. Not making sure that your assets are protected from care fees or leaving out children from prior relationships.
Why it’s a mistake: With the recent changes from the government unless you take action if you or your partner go into care now the government have removed the cap on care charges, now the whole value of the estate can now be taken up in care fees.
✅ Fix: A property trust Will combined with putting the home into tenancy in common