5 Common Mistakes When Creating a Will: Protect Your Legacy

When it comes to estate planning, drafting a will is one of the most critical steps you can take to protect your loved ones and ensure your assets are distributed according to your wishes. Yet, many people overlook the importance of creating a well-structured will—or make avoidable mistakes along the way. These errors can lead to confusion, legal battles, and even the invalidation of your entire will.

To help you navigate the process smoothly, here are five common mistakes when creating a will, plus expert tips to avoid them.

1. Not Having a Will at All

The biggest mistake? Not having a will at all. While it may feel uncomfortable to plan for your passing, skipping this step means your estate will be subject to state laws—not your personal wishes. Without a will, loved ones may face lengthy, costly probate battles, and assets could be distributed to individuals or relatives you never intended to benefit.

Solution: Start early. Even a simple will is better than none. Use online will templates as a starting point, or consult an estate planning attorney to create a personalized document.

2. Picking the Wrong Executor

Your executor is responsible for carrying out your wishes, paying debts, and distributing assets. Choosing someone unprepared, unavailable, or in a contentious relationship with beneficiaries can derail the entire process.

Solution: Select a trustworthy, organized individual (or a professional executor like a lawyer or bank) who’s willing to take on the responsibility. Communicate your expectations clearly and ensure they understand their role.

3. Forgetting to Update Beneficiaries and Assets

Life changes—marriages, divorces, births, deaths, and new assets are common. Yet many wills remain unchanged for years, leading to outdated beneficiary designations. For example, a former spouse might still inherit if you forget to revise the document after a divorce.

Solution: Review and update your will every few years, especially after major life events. Don’t forget to include digital assets (e.g., social media accounts, cryptocurrency) and remember to mention pets (with a designated caretaker and funds for their care).

4. Using Vague Language

Ambiguous phrasing like “I leave half of my stuff to my sister” can lead to disputes. Words like “stuff” or “half” aren’t legally defined and may result in a contested will.

Solution: Be specific. Clearly outline assets, percentages, or specific items in your will. If you’re unsure how to phrase certain clauses, seek legal guidance to avoid misinterpretations.

5. Skipping Legal Review

While DIY will kits are tempting, they can be risky. A poorly drafted will might not meet your state’s legal requirements and could be invalidated, leaving your estate in limbo.

Solution: Have your will reviewed by an estate planning attorney, even if you draft it yourself. They’ll ensure it complies with local laws, includes necessary clauses (e.g., guardianship for minors), and avoids common pitfalls.

Final Thoughts

Creating a will is a powerful act of responsibility and love for your family. By avoiding these common mistakes, you can ensure your wishes are respected and your loved ones are protected. Remember, estate planning isn’t just about money—it’s about clarity, peace of mind, and leaving a clear path for those you care about.

Need help? Start by consulting an estate planning attorney or using reputable online resources to draft your will. Better safe than sorry!