Lawyers Share the 15 Biggest Mistakes People Make When Writing a Will

Writing a will is one of the most important documents you’ll ever pen, yet many well-intentioned people can make surprising financial mistakes that cause confusion, legal battles, and family in-fighting.

We talked to estate planning attorneys from around the country to get their perspectives on the most common mistakes that people make and share their expert insight into crafting a will that reflects your wishes and protects your family.

Many people leave specific assets, such as a house or a financial account, to an individual instead of allocating them a percentage of the estate.

Tracy A. Craig, a partner attorney at Seder and Chandler, says there are fairer ways to divvy up an inheritance. “If you leave a particular house or financial account to an individual and you sell the house, refinance it, or spend money from the particular financial account, then the person might not be getting what you want them to,” says Craig.

Instead, she recommends leaving each heir a percentage of your estate so beneficiaries each get their fair portion, regardless of how assets change in value.

Many people mistakenly name minors as direct beneficiaries in their wills, but Craig warns against naming minors as heirs as “there is no one with legal authority to receive the assets.” As a result, the family will have to go through the courts to access any inheritance.

Instead, Craig recommends setting up a trust to avoid this issue by ensuring the assets are managed responsibly until the child reaches adulthood.

Some individuals believe they can skip a will by naming beneficiaries on all their accounts. However, Craig points out that this approach leaves no one in charge of handling taxes, paying creditors, or ensuring assets are distributed fairly.

Having a well-drafted will can prevent unnecessary complications, as it designates someone to oversee the estate.

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Some individuals may choose to exclude certain next of kin from receiving an inheritance, but doing so properly takes more than just omitting their name.

“One of the most common errors I see frequently in DIY wills is disinheriting someone without explicitly naming them and directly stating the decision to disinherit,” says attorney Justin Kennedy of Kemp, Schaeffer, & Rowe.

Such oversight can lead to confusion and lengthy legal battles. However, Kemp says, if you directly name the individual and state they are disinherited, it takes away their legal footing to contest the will.

Kennedy also notes that some people try to dictate how their heirs spend their inheritance after their passing, which can create legal complications.

A will does not allow you to enforce conditions on how money is spent after a recipient’s death, according to Kennedy. If you want permanent, post-mortem control, he says you would need to establish a trust.

For those concerned about potential disputes, Kennedy recommends adding a no-contest clause. “Not having one can open the door to lengthy disputes among heirs,” says Kennedy.

Having a no-contest clause deters beneficiaries from challenging the will. Without this safeguard, says Kennedy, legal battles can delay distribution for years.

Katherine A. Southard, an estate planning attorney with Southard Estate Planning who is admitted in New York, California, and Georgia, cautions against relying on online will-making services.

“We've had clients ask why they can't just use a DIY platform for their estate planning documents,” says Southard. “We advise against this because a lot of online programs don't consider state laws and regulations.”

Southard recommends consulting a local attorney instead to ensure your will meets legal requirements.

Many people will wisely set up trusts as a more streamlined and efficient way to pass down assets. However, not everyone who sets up a trust takes the steps to properly fund it.

“If you don’t properly transfer your [house] deed into your trust, then that asset will go through probate,” according to Southard.

She also notes that any retirement accounts need to be set up with the correct individual beneficiaries and the trust as a successor beneficiary.

Wills should be updated after major life events such as births, deaths, and divorces.

Southard’s firm has seen instances where clients designate their spouse as a beneficiary, but after they divorce and remarry, they forget to update the beneficiary, and their ex-spouse winds up with the assets.

Many parents, perhaps hoping to avoid the appearance of favoritism, name both of their children as co-executors. This, however, can morph into a nightmare if they can’t work together.

Southard recalls a case where two adult children were unable to work together as co-executors. “They argued over everything — even something as silly as a hammer.” The disagreements led to such neglect that one of the inherited homes became damaged beyond repair.

Choosing a single responsible executor can prevent unnecessary conflicts.

Derek Jacques, an attorney with Mitten Law Firm, emphasizes the importance of addressing digital assets.

“Whether it be your Facebook account, cryptocurrency, or even just photos kept in a Dropbox folder, if you don't account for your digital assets, you risk them being a source of tension among your descendants,” warns Jacques.

A digital asset provision in your will ensures access and management of online property, including social media accounts, cloud files, and revenue-generating digital assets like YouTube videos monetized with ads and sponsored links.

A will is useless if no one can find it or it’s not stored properly. Jacques advises keeping any paper wills in a strongbox or safe to prevent potential water or fire damage.

It’s also a good idea to inform trusted individuals where your will is stored.

Executors play a crucial role, yet many people choose someone unprepared for the responsibility. Jacques has seen executors who don’t notify all relevant parties, for various reasons, when the will goes through probate.

It’s important that the testator (creator of the will) choose an executor who is reliable and familiar with the beneficiaries and the estate. A poor choice can lead to delays, disputes, and mismanagement of estate funds.

Life changes, and so should your will. Jacques recommends reviewing your will at least once a year.

Beyond divorces, births, and weddings, there are other dynamics at play.

Beneficiaries may pass away before new beneficiaries, like grandchildren, are born. And there may be major property transfers, like the purchase or sale of a home. “All of this needs to be updated in your will, or else you risk a lengthy probate process,” says Jacques.

Jacques warns that unclear or overly complex wording in a will can lead to confusion and disputes. “I see a lot of clients that don’t use precise language, making their intentions hard to decipher,” he explains.

Writing in straightforward, easily understood terms crystalizes your intentions — both for the beneficiaries and the executor.

Writing a will is essential for protecting your assets and making sure your final wishes are honored, but mistakes can lead to costly disputes and delays.

From failing to update beneficiaries to not seeking legal advice, avoiding these common errors can help you create a will that offers clarity and security for loved ones. Lawyers can help you navigate tax liability so you protect your wealth for your loved ones and minimize Uncle Sam’s cut.