Making a will is one of the most important things you can do for your family — but a badly drafted will can cause as many problems as having no will at all. Here are the seven most common mistakes we see, and what you should do instead.
1. Using a DIY Will Kit
Online will kits and stationery shop forms are cheap, but the savings are often illusory. The most common problems we see — ambiguous wording, missing residuary clauses, and invalid execution — almost always come from DIY wills. A solicitor-drafted will costs a few hundred pounds and can save your family thousands in legal fees and disputes.
2. Not Signing the Will Correctly
A will must be signed in the presence of two independent witnesses who are both present at the same time. The witnesses must also sign. If a beneficiary or their spouse witnesses the will, they lose their entitlement under it. These rules are strict — a will that is not properly executed is invalid.
3. Forgetting to Update the Will After Major Life Events
Marriage automatically revokes a will in England and Wales — unless the will was made in contemplation of that specific marriage. Divorce does not revoke a will, but it does treat the former spouse as having died. If you have married, divorced, had children, or acquired significant new assets, your will needs to be reviewed.
4. Not Appointing the Right Executors
Your executor is responsible for administering your estate — collecting assets, paying debts, and distributing the estate to beneficiaries. Appointing someone who is elderly, lives abroad, or is likely to predecease you can cause significant delays. Consider appointing a professional executor or a solicitor as a backup.
5. Failing to Account for Inheritance Tax
If your estate is worth more than the nil-rate band (currently £325,000, or up to £1 million for a married couple passing the family home to children), inheritance tax may be payable at 40%. Simple planning — such as making gifts during your lifetime, using trusts, or structuring your will to maximise the residence nil-rate band — can significantly reduce the tax burden on your estate.
6. Not Making Provision for Digital Assets
Cryptocurrency, online bank accounts, digital photo libraries, and social media accounts are increasingly valuable — but they are often overlooked in wills. Make sure your executor knows what digital assets you have and how to access them. Consider leaving a separate letter of wishes (not part of the will itself) with login details.
7. Not Telling Anyone Where the Will Is
A will that cannot be found is almost as bad as no will at all. Keep your original will in a safe place — with your solicitor, at a bank, or registered with the National Will Register — and make sure your executor knows where it is.
PDA Law offers fixed-price will drafting from a straightforward single will to complex mirror wills with trust provisions. We also offer a free will review if you have an existing will you are not sure about.