Writing your own will might seem straightforward, but the reality is that even small errors can have significant consequences for your loved ones. While DIY will writing has become increasingly popular, even more so with the rise of AI, we regularly see families facing unnecessary stress and expense because of avoidable mistakes made during the will writing process.
At Boyletts Law, we understand the appeal of writing your own will to save costs. However, we’ve witnessed first hand the complications that can arise when wills aren’t properly drafted or executed. In this guide, we’ll walk you through the seven most common mistakes people make when drafting their own will, so you can avoid these pitfalls and ensure your wishes are properly carried out.
1. Failing to Meet Legal Requirements for a Valid Will
One of the most critical mistakes people make is not understanding what makes a will legally valid in England and Wales. Under the Wills Act 1837, your will must meet specific criteria to be enforceable.
Your will must be in writing, signed by you, and witnessed by two independent witnesses who are both present at the same time. These witnesses must also sign the document in your presence. It sounds simple, but we’ve seen countless wills become invalid because someone asked a beneficiary or their spouse to act as a witness or there is an invalid attestation clause or no clause stating how the Will was signed. If a witness stands to benefit from your will, they’ll forfeit their inheritance, even though the rest of the will remains valid.
Many people also forget to date their will, which can cause confusion if multiple versions exist. While a date isn’t legally required, it’s essential for proving which document represents your most recent wishes.
2. Using Ambiguous or Unclear Language
When writing a will without professional help, people often use vague language that leads to confusion and potential disputes. Phrases like “my personal belongings should go to my children” might seem clear to you, but what exactly constitutes personal belongings? Does this include your car? Your jewellery? Your investment portfolio?
We’ve seen families fall out over the interpretation of a single unclear sentence in a homemade will. One client’s father had written that his “collections” should be divided equally between his three children. Unfortunately, he had multiple collections – stamps, coins, vinyl records, and vintage cars. The resulting dispute took two years to resolve and cost the family thousands in legal fees.
Be specific about what you’re leaving and to whom. If you’re leaving your home to your daughter, include the full address. If you’re leaving your savings to your son, specify which accounts. The more precise you are, the less room there is for misinterpretation.
3. Not Accounting for All Assets or Updating Your Will
A common error in DIY will writing is failing to account for all your assets or forgetting to update your will when circumstances change. Your estate isn’t just your house and bank account – it includes everything you own: pensions, life insurance policies, business interests, digital assets, and even your online accounts.
Life changes constantly. You might get married, divorced, have children, or experience a significant change in your financial situation. If you wrote your will ten years ago and haven’t reviewed it since, there’s a good chance it no longer reflects your current wishes or circumstances.
Marriage automatically revokes any will made before the wedding, unless the will specifically states it was made in contemplation of that marriage. Divorce, on the other hand, doesn’t invalidate your entire will, but it does remove your ex-spouse as a beneficiary and executor. These nuances are easy to overlook when you’re writing your own will.
4. Choosing the Wrong Executors
Your executor has a significant responsibility – they’ll be managing your entire estate, dealing with HM Revenue & Customs, paying debts, and distributing assets according to your wishes. Yet many people choose executors without fully considering whether they’re up to the task.
Appointing family members as executors might seem like the obvious choice, but consider whether they have the time, ability, and willingness to take on this demanding role. We’ve worked with executors who’ve found the process overwhelming, particularly when dealing with complex estates or family disputes.
It’s also wise to appoint alternative executors in case your first choice is unable or unwilling to act. If all your named executors are unable to take up the appointment, someone will need to apply to the court to be appointed administrator, causing delays and additional costs for your family.
Some people name only one executor, which can be problematic if that person dies before you or becomes incapacitated. Having at least two executors provides a safeguard and can also help with the workload of administering your estate.
5. Not Considering Inheritance Tax Implications
Inheritance tax planning is often completely overlooked in DIY wills, yet it can make a substantial difference to what your beneficiaries actually receive. With the current inheritance tax threshold at £325,000 (and potentially more if you’re passing on a family home), many estates that people don’t think of as “wealthy” are still liable for inheritance tax at 40%.
When you write your own will, you might not realise that the order in which you leave gifts can affect the tax liability. There are also various exemptions and reliefs available that could reduce or eliminate inheritance tax altogether, but these need to be properly structured within your will.
For instance, gifts to charity are exempt from inheritance tax and can actually reduce the tax rate on the rest of your estate from 40% to 36% if the charitable donation amounts to 10% or more of your net estate. Without proper guidance, you could miss out on legitimate ways to minimise the tax burden on your loved ones.
6. Making Inadequate Provision for Dependants
Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals can challenge your will if they believe inadequate provision has been made for them. This includes spouses, children, and anyone who was being financially supported by you.
People writing their own will often assume they have complete freedom to leave their estate to whoever they wish. While you do have considerable freedom, the law recognises that you have a responsibility to make reasonable provision for your dependants. If you don’t, they can contest your will, leading to costly court proceedings and potential delays in estate administration.
If you’re planning to exclude someone who might expect to inherit, or to divide your estate in a way that could be seen as unfair, it’s essential to take legal advice. A solicitor can help you structure your will to minimise the risk of a successful challenge and can document your reasoning, which may be helpful if the will is contested.
7. Storing Your Will Insecurely or Failing to Tell Anyone Where It Is
You’ve written your will, signed it properly, and kept it safe. But where exactly? We’ve encountered numerous situations where families simply cannot locate the deceased’s will. Without a will, your estate will be distributed according to the rules of intestacy, which may be completely different from your actual wishes.
Common storage mistakes include keeping your will in a safety deposit box that others cannot access, storing it in a location that might be vulnerable to fire or flood, or simply putting it somewhere “safe” without telling anyone where that is. Some people store their will electronically, but without proper witnessing and signature, an electronic document isn’t valid in England and Wales.
The best practice is to store your will securely, ideally with a solicitor or a secure storage facility, and ensure your executors know exactly where it is and how to access it. You should also keep a separate note with your important documents that states where your will is stored.
The Value of Regulated Professional Will Writing Solicitors
While we’ve outlined the common pitfalls of DIY will writing, we’re not suggesting that everyone needs a complex will that requires extensive legal input. However, even seemingly simple situations can have hidden complications.
At Boyletts Law, we pride ourselves on offering honest, transparent, and high-quality legal services. We understand that making a will can feel daunting, which is why we work tirelessly to make the process as straightforward and stress-free as possible. Our specialist wills solicitors take the time to understand your unique circumstances and ensure your will accurately reflects your wishes whilst meeting all legal requirements.
We offer flexible options to suit your needs, including our online will service for straightforward situations, or face-to-face appointments at our riverside offices in Sawbridgeworth, with free parking and disabled access. If it’s difficult to get to our offices, we’re also pleased to offer free home visits if you’d prefer to discuss your will in the comfort of your own home.
The cost of professional will writing is modest compared to the potential expense of rectifying errors or defending a contested will after your death. Our transparent pricing means you’ll know exactly what you’re paying from the outset, with no hidden fees or surprises.
Take the Next Step
Don’t leave your family’s future to chance. Whether you’re making a will for the first time, updating an existing will, or concerned about mistakes in a will you’ve already written, our friendly team is here to help.
Contact us today on 01279 295047, or complete our contact form, and we’ll get back to you. We offer a free consultation with one of our wills and probate lawyers, where we can discuss your circumstances and provide you with a free quotation.Â