Common Mistakes People Make When Preparing a Will

ByNeil Taylor

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From the Wills and Probate Team at Phillips Solicitors

Making a Will is one of the most important steps you can take to protect your loved ones and ensure your wishes are followed. However, even a well-intentioned Will can create problems if it is not prepared or maintained correctly.

Many of the difficulties encountered by Executors and family members arise from mistakes that could have been avoided with proper planning and timely advice.

Using Unclear or Ambiguous Wording

One of the most common problems with homemade or poorly drafted Wills is uncertainty about what the person intended.

Unclear wording can create confusion about:

  • Who should inherit.
  • What gifts are being made.
  • How assets should be divided.
  • What should happen if a beneficiary dies before the person making the Will.

Where there is uncertainty, disputes may arise and the administration of the estate can become significantly more complicated and expensive.

Failing to Review the Will

A Will that was appropriate several years ago may no longer reflect your current wishes or family circumstances.

You should review your Will following significant life events such as:

  • Marriage or entering a civil partnership.
  • Separation or divorce.
  • The birth of children or grandchildren.
  • A death in the family.
  • Buying or selling property.
  • Receiving an inheritance.
  • Significant changes in assets or financial circumstances.

Marriage or civil partnership will normally revoke an existing Will unless it was made in contemplation of that marriage or civil partnership.

Even where circumstances have not changed significantly, it is sensible to review a Will regularly to ensure it remains appropriate.

Problems With Signing and Witnessing

A Will must comply with specific legal requirements to be valid.

Mistakes during the signing process can create serious difficulties and, in some cases, may affect the validity of the Will altogether.

Common issues include:

  • Using inappropriate witnesses.
  • Failing to sign in the correct manner.
  • Making alterations after signing.
  • Attempting to use incomplete or unsigned documents.

Ensuring the Will is properly executed helps reduce the risk of future challenges.

Forgetting Important Practical Details

Many people focus on who should inherit and overlook other important matters.

For example:

  • Have suitable Executors been appointed?
  • Are replacement Executors needed?
  • Have guardians been appointed for children where appropriate?
  • Are there personal possessions that should be specifically gifted?
  • Do your Executors know where the original Will is stored?

These practical details can be just as important as the gifts contained within the Will itself.

Assuming a Simple Estate Does Not Need a Will

Some people assume that because they have modest assets or close family members, a Will is unnecessary.

However, even relatively straightforward estates can become more difficult to administer if there is no clear written record of the deceased’s wishes.

Without a valid Will, the estate will usually be distributed according to the rules of intestacy, which may not reflect what the deceased intended.

Making Changes Yourself

Once a Will has been properly signed and witnessed, changes should not simply be written onto the document.

Handwritten amendments can create uncertainty and may affect the validity of the Will.

Depending on the circumstances, changes should usually be made through a properly prepared codicil or a new Will.

How Phillips Solicitors Can Help

Our Wills & Probate team can help ensure that your Will is clear, legally valid and tailored to your circumstances.

We can:

  • Prepare new Wills.
  • Review existing Wills.
  • Advise on Executors, guardians, and beneficiaries.
  • Help update Wills following changes in circumstances.
  • Ensure the Will is properly signed and executed.
  • Provide practical estate planning advice designed to protect your wishes.

We aim to make the process straightforward and give you confidence that your affairs have been planned properly.

Contact Us

If you would like advice about preparing or updating a Will, contact Phillips Solicitors to arrange an appointment with our Wills & Probate team.

A carefully prepared Will can save your loved ones considerable uncertainty, expense, and stress in the future.

You can contact us online or call 01623 658556 (option 4).

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This article is general information only and is not legal advice on any individual case. The correct advice will depend on the facts, documents, family circumstances, and capacity position.

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