Writing a will seems straightforward: decide who gets what, sign it, done. But the reality is that 38% of wills contain errors that can cause significant problems.

Here are the 10 most common mistakes and how to avoid them.

1
Most common mistake

Not updating after major life events

You write a will when you get married, then never look at it again. Meanwhile, you have kids, buy property, get divorced, remarry...

"I did my will 15 years ago. I'm sure it's still fine."
The Fix: Review your will every 3-5 years and immediately after major life events: marriage, divorce, births, deaths, major asset changes. In many states, marriage automatically revokes a pre-existing will.
2

Forgetting digital assets

Most wills written 10+ years ago don't mention cryptocurrency, online businesses, social media accounts, digital photos, or cloud storage.

"My Bitcoin wallet? That wasn't even mentioned in my will."
The Fix: Explicitly include digital assets in your will. List cryptocurrency wallets, online businesses, valuable domain names, and digital media. Provide secure access instructions for your executor.
3

Using vague or ambiguous language

"My children should share my assets fairly." What does "fairly" mean? Equal amounts? Based on need? Your definition might not match theirs.

"I left everything to be divided 'appropriately' between my kids."
The Fix: Be specific. State exact percentages or amounts. Name people by their full legal names. Describe items clearly. "My daughter Emma receives my house at 15 Oak Street" is better than "my daughter gets my property."
4

Not considering tax implications

Your estate might be subject to inheritance tax, capital gains tax, or other levies that significantly reduce what your beneficiaries actually receive.

"I didn't realize my kids would have to sell the house just to pay the tax bill."
The Fix: Consult with a tax advisor or estate planning lawyer if your estate exceeds tax thresholds. Consider strategies like gifting during your lifetime, setting up trusts, or taking out insurance to cover tax bills.
5

Choosing the wrong executor

Your executor needs to be organized, trustworthy, and capable of handling paperwork and potential family conflicts. Your oldest child might not be the best choice.

"I named my brother as executor, but he lives overseas and has no idea how to handle this."
The Fix: Choose someone detail-oriented and diplomatic. Consider their location, age, and relationship with beneficiaries. You can name co-executors or a professional executor for complex estates. Always name a backup executor.
6

Failing to account for all assets

You list your house and bank accounts but forget about your superannuation, life insurance, business interests, or jointly owned property.

"The super went to my first wife by default because I never updated the beneficiary form."
The Fix: Create a complete asset inventory before writing your will. Remember that superannuation and life insurance often have separate beneficiary nominations that override your will. Update these alongside your will.
7

Not signing it properly

Every jurisdiction has specific requirements for signatures and witnesses. Missing one step can invalidate the entire document.

"My witnesses weren't in the same room at the same time. The will was thrown out."
The Fix: Follow your state's witnessing requirements exactly. Generally, you need two independent adult witnesses who watch you sign and then sign themselves, all in the same session. Witnesses should not be beneficiaries.
8

Leaving out guardianship wishes

If you have minor children, not naming a guardian means the court will decide who raises them. Family court battles over children are devastating.

"We assumed my parents would take the kids. They're 75 and weren't legally named."
The Fix: Name a guardian and a backup guardian for minor children. Discuss your wishes with them first to ensure they're willing and able. Consider their values, location, financial situation, and relationship with your children.
9

Making unrealistic or controlling conditions

Conditions like "my son inherits only if he divorces his wife" or "my daughter gets money only if she graduates from medical school" can be challenged and void the gift.

"I tried to control my kids' lives from beyond the grave. The conditions were deemed unenforceable."
The Fix: Keep conditions simple and reasonable. Age-based conditions (e.g., "inherit at 25") are generally acceptable. Conditions that restrict marriage, religion, or career choices may not be enforceable and create resentment.
10

Not telling anyone where it is

You've written the perfect will and stored it safely. So safely that no one can find it after you're gone.

"We searched for months. Eventually we found it in a safety deposit box we didn't know existed."
The Fix: Tell your executor where your will is stored. Keep the original in a safe, accessible place. Consider giving a copy to your lawyer or storing it with your state's will registry if available. Never store your only copy in a safety deposit box.

Avoid these mistakes from the start

A well-written will protects your family and ensures your wishes are carried out exactly as you intended.

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Sources

  • Australian Law Reform Commission — Wills and Estates Research
  • State Trustees Victoria — Common Will Errors
  • NSW Trustee & Guardian — Will Validity Requirements
  • Which? UK — Will Writing Mistakes Survey