In this guide
- 1. Not Having a Will at All
- 2. Failing to Update Your Will After Major Life Events
- 3. Not Following the Legal Requirements for a Valid Will
- 4. Being Vague About Beneficiaries and Assets
- 5. Overlooking Beneficiary Designations and Joint Ownership
- 6. Trying to Do It All Yourself Without Legal Advice
- State-specific last will and testament guides
1. Not Having a Will at All
The biggest mistake is not having a will. If you die intestate (without a will), state laws determine who inherits your property, often not matching your wishes. For example, an unmarried partner may receive nothing, or distant relatives might inherit assets you intended for friends.
Even if you think your estate is small, a will allows you to name a guardian for minor children, specify funeral arrangements, and leave personal items to specific people. Without one, the court makes these decisions for you.
Creating a will is not as daunting as it seems. You can use a simple will template or hire an attorney. The key is to have a legally valid document in place, not to aim for perfection.
- If you have minor children, a will is essential to name a guardian.
- Without a will, your estate may be subject to intestacy laws that may not reflect your wishes.
- A will can save your family time, money, and emotional stress after your death.
2. Failing to Update Your Will After Major Life Events
Many people write a will and then forget about it for decades. Major life events—marriage, divorce, birth of a child, death of a beneficiary, or moving to another state—can significantly change your wishes and the validity of your will.
For example, in many states, a divorce automatically revokes provisions naming your ex-spouse as beneficiary or executor, but not all states do. If you remarry, your will may be partially or fully revoked unless you explicitly account for the new spouse.
Make it a habit to review your will every 2–3 years or after any major life event. Update it to reflect your current wishes, and ensure that any changes are made through a codicil or a new will, not by simply marking up the original document.
- Review your will after marriage, divorce, birth, adoption, or death of a beneficiary.
- If you move to a different state, have your will reviewed to ensure it complies with local laws.
- Never handwrite changes on your will; they may be invalid or cause confusion.
3. Not Following the Legal Requirements for a Valid Will
A will must meet specific formalities to be valid, and these vary by state. Typically, you must be of sound mind, at least 18 years old, and your will must be in writing, signed by you, and witnessed by at least two people who are not beneficiaries.
If you fail to follow these formalities, your will may be contested or declared invalid, leaving your estate to be distributed according to intestacy laws. For example, a holographic (handwritten) will is valid in some states but not others, and the requirements differ.
To avoid mistakes, research your state's requirements or consult an attorney. A simple will template can be helpful, but you must ensure it is properly executed—signing and witnessing in the presence of each other, and ideally notarized (though not always required).
- Check your state's rules on witness requirements—usually two disinterested witnesses.
- Ensure you sign your will in the presence of witnesses and they sign in your presence and each other's.
- Consider a self-proving affidavit (notarized) to simplify probate later.
4. Being Vague About Beneficiaries and Assets
Using imprecise language like 'I leave my jewelry to my daughter' can lead to disputes over what constitutes 'jewelry' or which daughter if you have more than one. Similarly, failing to specify exact percentages of your estate can cause confusion.
List beneficiaries by full legal name and their relationship to you, and be specific about assets. For example, 'I leave my 2018 Toyota Camry to my son, John Smith' is better than 'I leave my car to John.' If you have multiple bank accounts, specify which ones.
Also, consider what happens if a beneficiary predeceases you. Include a contingency clause, such as 'if my son John does not survive me, then his share passes to his children.' This prevents unintended distribution.
- Identify beneficiaries with full names and relationships.
- Describe assets with enough detail to avoid ambiguity.
- Include alternate beneficiaries in case your first choice dies before you.
5. Overlooking Beneficiary Designations and Joint Ownership
Many assets—life insurance policies, retirement accounts (401(k), IRA), and payable-on-death (POD) bank accounts—pass directly to named beneficiaries outside of your will. If those designations are outdated or inconsistent with your will, they will override your will's instructions.
For example, if your will leaves your estate equally to your two children, but you forgot to update the beneficiary on your life insurance after your divorce, your ex-spouse may still receive the proceeds. This is a common and costly mistake. You can last will and testament with a state-specific template data-doorway-opt-inline here.
Review all beneficiary designations and ensure they align with your will. Also, understand that jointly owned property with rights of survivorship passes automatically to the joint owner, regardless of your will. If you want to change that, you may need to retitle the asset.
- List all assets with beneficiary designations and update them as needed.
- Check the title on jointly owned property to see how it passes.
- Make your will consistent with these designations to avoid unintended results.
6. Trying to Do It All Yourself Without Legal Advice
While DIY will kits and online templates are convenient, they may not be tailored to your state's laws or your specific situation. Complex estates—large assets, business interests, blended families, or potential disputes—often require professional guidance.
An attorney can help you avoid mistakes, ensure your will is valid, and provide advice on tax implications, trusts, and other estate planning tools. The cost is often modest compared to the potential legal fees and family conflict that can arise from a flawed will.
If you do use a template, choose one that is state-specific and reviewed by a legal professional. At minimum, have an attorney review your completed will before you sign it to catch any issues.
- Consider hiring an attorney for complex estates or if you anticipate challenges.
- If using a template, ensure it's current and compliant with your state's laws.
- Have your will reviewed periodically by a professional.