5 Easy Mistakes People Make When Writing a Will.

Many people would argue that writing a will is one of the most important things you will ever do. Our solicitors agree with this statement as a will is an opportunity for you to continue your legacy and support your loved ones when you are no longer around. 

However, it’s common for people to feel write a will themselves without proper advice. But, writing a will is a far more complicated procedure than you may think. As a result, the lack of input from a professional solicitor will increase the chances of your will becoming invalid. 

This article will outline five commonly made mistakes when writing a will, alongside advice from our solicitors to help you protect your future wishes.

If you have any further questions surrounding writing a will, please don’t hesitate to visit our wills page or contact one of our trusted solicitors directly on 0203 007 5500.

5. The Will Wasn’t Correctly Witnessed.

When thinking of a witness for a will, you may think your partner or your child are good enough. This assumption couldn’t be more wrong. A valid will requires two external witnesses to be physically present and they must meet specific criteria.

The criteria of the two witnesses signing a will in England and Wales are:

• Both must be UK citizens, aged 18 and over
• Neither can be named as beneficiaries in the will or married to a beneficiary

Asking a beneficiary to be a witness will result in them potentially being excluded from the will. This exclusion is due to the chance that the recipient has manipulated the person writing the will. So, if you are writing a will, make sure you select witnesses who have nothing to gain from the will to protect them.

4. Your Will is Out of Date.

Did you know that a significant life event can alter or void your will?

Many people don’t realise this, and their loved ones end up paying the price. Examples of events that impact your will are:

• The birth of a child or grandchild
• A marriage or divorce
• The passing away of a loved one
• Buying a new house

Our solicitors advise you update your will at least every 5 years so it remains valid and includes everyone.

3. Not Accounting for Debts.

It’s easy when making a will, to automatically think of what meaningful possessions you want to pass down to your children and grandchildren. However, debt is not one of those factors that instinctively comes to mind.

While you can’t normally ‘pass down’ debt, some elements such as mortgages can be transferred to beneficiaries. Life insurance can help your beneficiaries with this burden if they inherit a home with outstanding finance.

The settlement of debt is something that has to happen before the distribution of an estate. Thus, the payment of the debt comes from the contents of the estate. As a result, if you forget to consider debt, the will is distributing assets that may no longer exist in the estate. 

2. Making Changes to the Will After It Has Been Signed.

Altering a will may seem like a simple job. But, it’s not as straightforward as adding a note to the existing will. To update a will, you must make an official alteration called a codicil or write a new will altogether.

Altering an existing will incorrectly risks voiding it entirely, so it’s important to do it correctly.

A codicil must be signed and witnessed in the same way as a will. Furthermore, there are no limits to the number of codicils you can add to a will, although making a new will may be more straightforward.

You can read more about how a codicil works on our codicils page.

1. Writing A Will Yourself.

It might be tempting to write your own will using an online template or a DIY kit, especially if your estate seems straightforward. However, this approach often leads to costly mistakes.

Without the guidance of a qualified solicitor, you risk using incorrect legal terminology, omitting crucial clauses, or failing to meet the legal requirements that make a will valid. These errors can result in confusion, disputes among loved ones, or even the will being declared invalid altogether.

Our solicitors strongly recommend seeking professional advice to ensure your wishes are clearly and legally documented, giving you peace of mind and protecting those you care about most.