10 Common Mistakes People Make When Writing a Will

Writing a will is a critical step in securing your legacy and ensuring that your loved ones are cared for after your passing. However, the process of drafting a will is often fraught with common mistakes that can lead to disputes, legal complications, or even the invalidation of the document. Understanding and avoiding these mistakes can make all the difference.
In this blog, we’ll explore the most frequent errors people make when writing Wills and provide tips to help you create a legally sound and effective estate plan.
1. Failing to Create a Will
One of the biggest mistakes is simply not creating a will at all. Many people procrastinate, assuming they have plenty of time, or believe that their assets will automatically pass to their loved ones. In reality, dying intestate (without a will) means the state will determine how your estate is distributed, which may not align with your wishes.
Tip: Start the process of writing a will as soon as possible, regardless of your age or health. Life is unpredictable, and having a will in place is a proactive way to protect your loved ones.
2. Not Updating the Will Regularly
Life circumstances change—marriages, divorces, births, deaths, and acquisitions of new assets can all impact the relevance of your will. Failing to update your will regularly can lead to unintended consequences, such as leaving out new beneficiaries or including outdated information.
Tip: Review your will every two to three years or whenever a major life event occurs to ensure it reflects your current wishes.
3. Choosing the Wrong Executor
The executor of your will plays a critical role in carrying out your wishes, managing your estate, and resolving legal matters. Selecting an untrustworthy, unqualified, or unwilling person can cause delays, disputes, or financial mismanagement.
Tip: Choose an executor who is reliable, organized, and capable of handling legal and financial responsibilities. If no suitable family member or friend is available, consider appointing a professional executor or attorney.
4. Overlooking Digital Assets
In today’s digital age, many people fail to include digital assets in their wills. These can include online banking accounts, social media profiles, email accounts, and digital subscriptions. Without clear instructions, your digital footprint may remain inaccessible to your loved ones.
Tip: Make a list of your digital assets, including login credentials, and specify how you’d like them managed or distributed. Consider using a digital estate planning tool to make the process easier.
5. Not Specifying Personal Belongings
While major assets like property and investments are often included in a will, smaller, sentimental items can be overlooked. This can lead to disputes among heirs over who gets what.
Tip: Include a personal property memorandum in your will, detailing the distribution of sentimental or smaller items. Be as specific as possible to avoid confusion.
6. Failing to Address Contingencies
Life is unpredictable, and failing to address contingencies can leave parts of your estate plan unresolved. For instance, if a named beneficiary predeceases you or cannot inherit for other reasons, the associated assets may be left in legal limbo.
Tip: Name backup beneficiaries to ensure your wishes are carried out even if the unexpected occurs.
7. DIY Wills Without Legal Guidance
While there are many online templates and tools for creating a will, drafting a will without legal guidance can lead to errors or omissions that invalidate the document. State-specific laws and legal jargon can be challenging to navigate without professional help.
Tip: Work with an experienced estate planning attorney to ensure your will is legally sound, complies with local laws, and covers all necessary elements.
8. Not Considering Tax Implications
Many people fail to consider the tax implications of their estate. This oversight can lead to a higher tax burden for beneficiaries, reducing the overall inheritance.
Tip: Consult a financial advisor or tax professional when creating your will to understand how to minimize estate and inheritance taxes for your beneficiaries.
9. Forgetting About Guardianship for Minor Children
If you have minor children, failing to name a guardian in your will is a significant oversight. Without a named guardian, the court will decide who will care for your children, which may not align with your preferences.
Tip: Clearly designate a guardian for your children in your will and discuss your decision with the person you choose to ensure they are willing and prepared to undertake that responsibility.
10. Ignoring Healthcare Directives and Power of Attorney
While a will addresses the distribution of your assets after your death, it doesn’t cover decisions about your health and finances if you become incapacitated. Many people overlook the importance of including these elements in their estate plan.
Tip: Create a comprehensive estate plan that includes a living will, healthcare directive, and durable power of attorney to ensure your wishes are honored during your lifetime.
Create Your Will With Our Estate Planning Attorneys Today!
Writing a will is one of the most important steps you can take to protect your loved ones and secure your legacy. By seeking professional guidance, you can avoid common mistakes and create a will that reflects your wishes and minimizes the risk of legal disputes.
If you’re unsure about where to start or how to update your existing will, consulting an estate planning attorney can help you navigate the process with confidence.
Tags
Getting in touch
About us
Borenstein, McConnell & Calpin, P.C. is a Wills & Estate Planning law firm serving Central and Northern New Jersey, as well as New York City. We strive not only to give you a great client experience, but to become your trusted adviser for life. To reach Alec, please send an email to alec@bmcestateplanning.com.
NJ Offices:
155 Morris Avenue, Suite 201
Springfield, NJ 07081
3 Werner Way, Suite 230
Lebanon, NJ 08833
NY Office:
4607 Fort Hamilton Parkway
Brooklyn, NY 11219