Writing a will can feel daunting. It’s tough to think about what happens after you’re gone, and the process can seem complicated. But a will is one of the best ways to ensure your loved ones are cared for and your wishes are followed. Unfortunately, many people make simple mistakes that can cause confusion, family arguments, or even make their will invalid.
Here’s a straightforward guide to the most common will-writing mistakes and how to avoid them, written for anyone making a will for the first time.
Why Getting Your Will Right Matters
A will is your chance to say who gets your money, belongings, and even who looks after your kids if you pass away. Mistakes can lead to delays, extra costs, or your wishes being ignored.
By avoiding these errors, you can make things easier for your family and give yourself peace of mind.
1. Not Having a Will at All The biggest mistake is not making a will. It’s understandable—thinking about death isn’t fun, and creating a will takes time and effort. But without one, the government decides who gets your things based on standard rules, which might not match what you want. For example, if you’re married with kids, your spouse might not get everything automatically. If your family doesn’t get along, they could end up in costly court battles. A will lets you stay in control. How to Avoid It: Take the first step and create a will, even a basic one. You can use online tools like Legal Wills or talk to a lawyer to make it simple.
2. Not Telling Anyone Where Your Will Is A will is only helpful if your family can find it. If no one knows it exists or where it’s kept, your wishes might not be followed. How to Avoid It: Store your will in a safe but accessible place, like a locked drawer or a home safe. Tell a trusted family member or friend where it is. You can also give a copy to your executor (the person who carries out your will) or a lawyer.
3. Messing Up the Witnessing Process For your will to be legal, you need to sign it in front of two witnesses who are adults, and they must sign it too—all at the same time. If you skip this step, use only one witness, or don’t follow the rules, your will might not count. How to Avoid It: Make sure you have two people who aren’t named in your will (like friends or neighbors) to watch you sign it. Check your local rules, as some places have specific requirements. Avoid “virtual witnessing” unless you’re sure it’s allowed and done correctly.
4. Losing the Original Will A photocopy of your will usually isn’t enough. Your executor needs the original to carry out your wishes. If it’s lost, they’ll face a complicated process to prove what you wanted, which can be expensive and slow. How to Avoid It: Keep the original in a safe place and let your executor know where it is. If it’s accidentally destroyed (like in a fire), a copy might be accepted, but don’t count on it.
5. Forgetting to Update Your Will Life changes—maybe you have a new child, get divorced, or move to a new place. If your will stays the same, it might not reflect what you want anymore. For example, an old will might accidentally leave money to an ex-spouse or not include a new grandchild. When to Update Your Will:
How to Avoid It: Review your will every few years or after a big life event. Make updates to keep it current, and let your executor know about changes.
6. Changing Your Will the Wrong Way Once your will is signed, you can’t just cross things out or write new instructions on it. Those changes won’t count unless you follow a formal process. How to Avoid It: To make changes, create a new will or add a legal document called a codicil, which must be signed and witnessed like your will. If you’re making lots of changes, it’s usually easier to write a new will.
7. Not Having a Backup Plan What if the people you want to leave your money to pass away before you? Without a backup plan, your estate might follow government rules, which could leave out people you care about. How to Avoid It: Include “what if” plans in your will. For example, if you leave money to your three kids, add that if one passes away, their share goes to their children or the other siblings. Always name backup beneficiaries and executors in case your first choices can’t step in.
8. Forgetting to Name a Guardian for Your Kids If you have young children, your will should say who will raise them if you’re no longer around. Without a guardian named, a court will decide, and it might not be someone you’d choose. How to Avoid It: Pick a guardian you trust who shares your values and can care for your kids. Talk to them to make sure they’re willing. Write their name in your will, and consider naming a backup guardian too.
9. Leaving Out Step-Children If you want your step-children to get something from your will, you need to name them specifically. Just saying “my children” only covers your biological or adopted kids, not step-children, even if you raised them. How to Avoid It: List your step-children by name in your will if you want them to inherit. Double-check with a lawyer to make sure it’s clear.
10. Not Setting Up Trusts for Young Kids Kids under 18 can’t manage big inheritances like money or property. If you leave assets directly to them, a court might step in, which can be complicated. A trust lets you control how and when your kids get their inheritance. How to Avoid It: Set up a trust in your will for young beneficiaries. Choose a trusted person (a trustee) to manage the money until your kids are older, like 21 or 25. You can say how the money should be used, like for school or a first home.
11. Picking the Wrong Executor Your executor is the person who makes sure your will is followed. Choosing someone who’s unreliable, too busy, or not good with paperwork can cause delays or mistakes. For example, an older relative or a friend who’s moved overseas might not be the best fit. How to Avoid It: Pick someone organized, trustworthy, and local. Talk to them first to make sure they’re willing. You don’t need a professional, but a lawyer or trusted advisor can be a good choice if your estate is complex. Name backups in case your first choice can’t do it.
12. Being Vague About Personal Items Family fights often happen over small, sentimental things like jewelry or family heirlooms. If your will isn’t clear about who gets what, it can lead to hurt feelings. How to Avoid It: Make a list of special items and who should get them. Keep it with your will or include it in a separate note (check local rules to make sure it’s legal). Be specific—for example, say “my gold necklace with the heart pendant” instead of “my necklace.”
13. Being Too Specific or Not Specific Enough Your will needs to strike a balance. Being too vague, like saying “my favorite painting goes to John,” can cause confusion if you have multiple paintings. But being too specific, like “my blue Toyota Camry goes to Sarah,” can be a problem if you sell the car later. How to Avoid It: Use clear but flexible language, like “my car at the time of my death goes to Sarah.” Update your will if you sell or buy big items. Always use full names and explain who people are (e.g., “my son, John Smith”).
14. Not Planning for Changes in Value If your will leaves specific amounts of money or assets, changes in their value could lead to unfair results. For example, if you leave R50,000 to a charity and the rest to your kids, but your estate shrinks, your kids might get less than you planned. How to Avoid It: Use percentages instead of fixed amounts (e.g., “10% to charity, 90% to my kids”). This adjusts automatically if your estate changes.
Review your will regularly to make sure it still works. Final Thoughts Writing a will is one of the kindest things you can do for your family. It ensures your wishes are followed and saves your loved ones from stress and confusion. By avoiding these common mistakes—making a will, keeping it updated, being clear, and choosing the right executor—you can create a plan that works. Start small, use online tools or a lawyer for help, and check your will every few years. You’ll feel better knowing your family is protected, no matter what.