Simple Will Mistakes That Put Your Wishes at Risk

8 September, 2026 4 minutes reading time

Writing a Will brings enormous peace of mind. Putting your wishes in black and white reassures you that your family will stay protected, no matter what happens. Yet even well-meaning people often fall into simple traps. A single misplaced phrase, an overlooked asset, or a failure to review old paperwork can create unnecessary stress, delays, and legal costs for your family.

Here are six common estate planning pitfalls to watch out for.

1. The DIY Trap

Off-the-shelf templates and online kits may seem convenient and inexpensive at first glance. However, Will writing is rarely one-size-fits-all. Standard forms often overlook subtle nuances, such as blended families, business assets, or specific tax exemptions. A minor drafting error can invalidate an entire clause, or worse, the whole document. Professional advice ensures the wording clearly reflects your intentions and leaves no room for dispute.

2. Overlooking the Strict Rules of Execution

The way you sign your Will is as crucial as what it says. You must sign the document in the physical presence of two independent witnesses, who must then both sign in your presence. A common mistake is to have a beneficiary (or a beneficiary’s spouse) act as a witness. While the Will itself may remain valid, that witness automatically forfeits their inheritance under the Wills Act. Keeping witnesses completely independent prevents accidental disinheritance.

3. Forgetting How Life Events Change Everything

Life rarely stands still, yet many people file their Will away and never look at it again. Major milestones can significantly affect your estate:

• Marriage or civil partnership: In England and Wales, getting married or entering a civil partnership automatically revokes an existing Will, unless you drafted it specifically in contemplation of that marriage.

• Divorce: While divorce does not cancel the Will, it treats your former spouse as having passed away, which can create unexpected gaps in how your estate is distributed.

• New arrivals: Welcoming children or grandchildren often requires updating guardianship clauses and financial provisions.

4. Forgetting Non-Estate Assets

Many people assume a Will automatically covers all their assets. In reality, several significant assets pass outside probate:

• Pensions: Pension funds are typically distributed at the pension trustees’ discretion. If you have not submitted an up-to-date Expression of Wish form, the funds may not reach the person you intended.

• Joint Property: Property held as ‘joint tenants’ passes automatically to the surviving owner under survivorship rules, regardless of what your Will says. If you want your share to pass to someone else, you need to hold the property as ‘tenants in common’.

• Life Insurance: If your policy is not written in trust, the payout forms part of your estate and may trigger unnecessary inheritance tax.

5. Choosing the Wrong Executors

Executors carry heavy administrative and legal responsibilities, from valuing assets and clearing debts to managing probate and distributing funds. Appointing someone simply out of politeness, or naming individuals who do not get along, can stall the process for months. Choose organised, communicative, and reliable individuals, or consider appointing an impartial professional executor to carry the burden.

6. Being Vague About Specific Items

Sentences such as “I leave my jewellery to my daughters” or “I leave my car to my brother” often cause confusion. Does the jewellery include heirloom watches? What happens if you sell that specific car before you pass away? Clear, precise descriptions and default provisions remove ambiguity and help maintain harmonious family relationships.

Our Advice

A Will is one of the most important documents you will ever sign. Keeping it legally sound, tailored to your family, and up to date is the best way to safeguard your legacy. If you would like to discuss your estate or review an existing Will, please don’t hesitate to contact us. We’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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