The Biggest Mistakes People Make When Writing a Will

"I've Been Meaning to Make a Will…"

It's one of the most common phrases we hear.

Whether it's because life gets busy, people believe they're too young, or they simply don't know where to start, thousands of people delay making a Will every year. Others make one but never review it, assuming it will always reflect their wishes.

Unfortunately, these mistakes can have significant consequences.

Without careful planning, your loved ones could face unnecessary stress, delays, legal disputes and financial hardship at what is already one of the most difficult times of their lives.

Here are some of the biggest mistakes people make when writing a Will—and how you can avoid them.

1. Not Making a Will at All

Perhaps the biggest mistake is never making a Will.

According to the latest figures from the National Will Register, around 56% of UK adults do not have a Will, leaving millions of estates to be distributed under the Rules of Intestacy rather than according to personal wishes.

If you die without a valid Will:

• Your estate may not pass to the people you intended.
• Unmarried partners do not automatically inherit.
• Stepchildren have no automatic entitlement.
• Guardians for young children cannot be appointed through the intestacy rules.

2. Assuming Your Partner Will Automatically Inherit

One of the biggest misconceptions is:

"We've lived together for years, so everything will automatically go to my partner."

Unfortunately, this simply isn't true.

There is no such thing as a "common law husband" or "common law wife" in England and Wales.

If you are unmarried and die without a Will, your partner may receive nothing, regardless of how long you've lived together.

This is why making a professionally drafted Will is particularly important for cohabiting couples.

3. Forgetting That Marriage Can Revoke Your Will

Many couples don't realise that marriage or entering into a civil partnership usually revokes an existing Will, unless it was specifically made in contemplation of that marriage.

Without a new Will, your estate may instead be distributed under the Rules of Intestacy.

If you're planning a wedding, reviewing your Will should be on your checklist alongside choosing the venue and sending the invitations.

4. Not Updating Your Will After Major Life Changes

Your Will should evolve as your life changes.

Events that should trigger a review include:

• Marriage or civil partnership
• Divorce
• Buying a home
• Having children
• Becoming a grandparent
• Starting a business
• Receiving an inheritance
• Retirement

Many solicitors recommend reviewing your Will every three to five years, even if nothing significant has changed.

5. Choosing the Wrong Executors

Executors have an important job.

They are responsible for administering your estate, dealing with financial institutions, paying debts and distributing assets.

Choosing someone simply because they're the eldest child or a close friend isn't always the best decision.

Ask yourself:

• Are they organised?
• Will they cope with paperwork?
• Can they work alongside other executors?
• Will they still be suitable many years from now?

Professional executors can sometimes be an appropriate option for more complex estates.

6. Trying to Save Money With a DIY Will

Online templates and homemade Wills can appear attractive.

However, small drafting errors can have enormous consequences.

A Will may fail because:

• It wasn't signed correctly.
• It wasn't witnessed properly.
• The wording is unclear.
• Assets are incorrectly described.
• Beneficiaries cannot be identified.

The legal costs of resolving problems after death often far exceed the cost of having a Will professionally prepared in the first place.

7. Ignoring Inheritance Tax and Estate Planning

For many families, a Will is about far more than deciding who receives particular possessions.

Proper estate planning may also help preserve wealth for future generations.

Depending on your circumstances, it may be appropriate to consider:

• Trusts
• Business Property Relief
• Agricultural Property Relief
• Charitable gifts
• Tax-efficient planning

Professional advice ensures your Will works alongside your wider financial planning.

8. Failing to Consider Digital Assets

Modern estates include far more than houses and bank accounts.

Consider:

• Online banking
• Cryptocurrency
• Social media accounts
• Digital photographs
• Online businesses
• Subscription services

Including guidance about digital assets can make life considerably easier for your executors.

The Law Society provides useful guidance on digital assets and estate planning.

9. Not Telling Anyone Where Your Will Is

Surprisingly, one of the biggest problems isn't writing a Will…

It's finding it.

A professionally stored Will provides reassurance that it can be located quickly when needed.

Make sure your executors know:

• where your Will is stored
• who prepared it
• how to access it

10. Assuming Your Family Won't Argue

Many people believe:

"My family all get along."

Sadly, bereavement can sometimes bring long-standing tensions to the surface.

Poorly drafted Wills or unclear intentions can increase the likelihood of disputes.

One of the most famous examples is the Supreme Court case of Ilott v The Blue Cross, where an adult daughter successfully challenged aspects of her late mother's estate under the Inheritance (Provision for Family and Dependants) Act 1975. The Court of Appeal ruled in favour of the daughter, however she lost the battle at the High Court. The daughter subsequently successfully challenged this at the Court of Appeal, only for the increased award to be successfully counter-challenged at the Supreme Court resulting in the daughter's award being reduced to the original sum. The case highlighted that, in certain circumstances, even a valid Will may be challenged after death.

Peace of Mind Is Priceless

Writing a Will isn't about expecting the worst.

It's about making life easier for the people you care about most.

A professionally prepared Will can:

• protect your loved ones
• reduce uncertainty
• minimise disputes
• appoint guardians
• safeguard vulnerable beneficiaries
• ensure your wishes are followed

It's one of the most important legal documents you'll ever sign.

How Susan Howarth & Co. Solicitors Can Help

At SH&Co, our experienced and caring Private Client team can help you prepare a Will that reflects your wishes and provides lasting peace of mind.

Whether you're making your first Will, updating an existing one or considering trusts and estate planning, we'll provide clear, practical advice tailored to your circumstances.

We also offer FREE Wills, Trusts & Probate Drop-In Clinics every Wednesday and Thursday from 12–1pm, with no appointment necessary, if you'd like to speak to a member of our team.

Ready to Protect Your Family's Future?

Don't leave one of life's most important decisions to chance.

Contact our Private Client team today on 01606 48777 to arrange an appointment.

You can also:

• Download our free Wills Factsheets for practical guidance on making and updating your Will.
• Attend one of our FREE Wills, Trusts & Probate Drop-In Clinics to discuss your questions with one of our experienced specialists.

Your Will isn't just about your assets—it's about protecting the people you love. The best time to make or review it is today.

This article is for general information only and does not constitute legal advice. For advice tailored to your circumstances, please seek professional legal guidance.