The Biggest Mistakes with Wills

Everyone should plan for their future and have a robust estate plan. This plan should be tailored to your individual needs, but key elements for everyone should be a will and lasting power of attorney (LPA). Let’s look at the five most common mistakes people make when creating a will so you can avoid them and start planning now. 

Vague descriptions like “my estate to my family” or “£1000 to each of my friends” without identifying individuals or shares create uncertainty. Ambiguous language can lead to delays and disputes among beneficiaries and potentially increased legal costs if court proceedings are needed to interpret the testator’s intentions. Clearly specifying names and relationships of beneficiaries and being precise about gifts reduces misinterpretation and ensures your wishes are carried out. 

Executors are the people who will manage your estate after your death. Their role goes beyond simply following your will and ensuring beneficiaries receive their gifts. They may need to apply for probate, complete HMRC forms to declare and pay inheritance tax, and more. Choosing someone without the time, willingness, or understanding of these responsibilities can cause delays in estate administration. It’s wise to discuss the role with potential executors and consider alternatives if your first choice can’t act when needed. 

Proper signing and witnessing are essential for a valid will. Ensure that the will is signed in the presence of two witnesses who are not beneficiaries. This helps confirm the testator’s intentions and prevents disputes later on. 

A valid will must adhere to strict formal requirements. You must sign it in the presence of two independent witnesses, both of whom must also sign in your presence. Failing to do so renders the will invalid. An invalid will means your estate will be distributed according to an older will or, if there’s no will, the intestacy rules will apply. 

 

Another common mistake is using unsuitable witnesses. They must be adults with capacity and not blind. They also shouldn’t be beneficiaries of the will or married to or in a civil partnership with a beneficiary. While using a beneficiary as a witness doesn’t invalidate the will, it does forfeit their right to benefit from it. 

Estate values large enough to benefit from proactive planning should consider available reliefs, exemptions or the impact of lifetime gifting on the estate at death. Ignoring these factors can lead to a heavier tax burden for the estate and beneficiaries. Professional advice can help you maximise exemptions and reliefs and structure your will for tax efficiency. 

Will writing isn’t regulated, so anyone can write a will. This is partly why the Society of Will Writers exists. They provide a framework of voluntary regulation to support will writers and ensure that members of the public using SWW members to draft their wills can be confident in the person they’re dealing with. This includes their knowledge of the field and access to professional indemnity insurance and a sympathetic complaints procedure for any issues. 

 

DIY will kits and online templates may seem simple, but they rarely account for individual complexities. Many people’s biggest mistake is attempting to write a will alone without professional help. With professional assistance, many of these common mistakes can be avoided.