6 Common Mistakes When Making a Will

Common mistakes when making a will can lead to unnecessary stress, legal complications, and even disputes among family members. Making a will is a vital step in protecting your loved ones and securing your legacy. It ensures that your property, assets, and personal wishes reflect your wishes after you pass away.

However, despite its importance, many people make avoidable mistakes that can cause confusion, delays, and family conflict.

In addition, this guide outlines the six most common mistakes when making a will and how to prevent them. Furthermore, with careful planning, you can provide peace of mind to your family and make sure your final wishes are respected.

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Why Failing to Make a Will Creates Chaos

Your Estate May Be Treated as Intestate

To begin with, failing to create a will—or losing it during probate—can lead to serious and long-lasting consequences. Without a valid will, the court treats your estate as “intestate,” meaning that state law dictates how your assets are distributed. This process often fails to reflect your true wishes and could exclude important people in your life. For example, unmarried partners, stepchildren, or close friends may receive nothing.

Your Wishes Could Be Ignored, Leading to Family Disputes

Even worse, the situation becomes more complex if no one finds your will within the limited probate window, which varies by state but is often just a few months. If the original document doesn’t appear in time, the court may assume that no valid will exists. When that happens, the court may disregard a previously clear and thoughtful estate plan. Sadly, families often begin to fight over who gets what, creating resentment, delays, and costly legal battles. These tensions can permanently damage relationships between siblings, spouses, or other heirs.

Your Assets May Be Frozen and the Probate Process Prolonged

Additionally, the court may freeze assets for months or even years, preventing loved ones from accessing funds needed for basic expenses or funeral costs. The entire probate process becomes longer and more expensive, draining the estate’s value through court fees and legal bills. To avoid this turmoil, draft a legally valid will, register it, and store it securely in a location your family can access.

👉 Want to ensure your will can be found later? Register it here.

Now for the Most 6 Common Mistakes When Making a Will

1. Writing a Will Without Enough Detail

One of the most frequent errors is being too vague. Phrases like “I leave everything to my children” may sound simple, but they create uncertainty.

Instead, be specific. Start by listing your beneficiaries and their relationships to you. Then, assign each person clear gifts. For example, say, “I leave my diamond wedding ring to my daughter, Emily.” Or, “I leave $20,000 from my savings account at First National Bank to my sister, Mary.”

Include sentimental items too. Family heirlooms, artwork, or collectibles often carry emotional value and should be included clearly.

Want to ensure your will can be found later? Register it here.

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2. Ignoring Tax Implications

Taxes can eat away at the value of your estate. Many assume that simply passing assets in a will avoids taxes, but that’s not true.

If your estate exceeds $13.61 million in 2024 (or $27.22 million for married couples), federal estate taxes may apply. Even smaller estates can face tax issues if they include taxable assets like traditional IRAs, 401(k)s, or highly appreciated stocks.

To reduce tax burdens:

• • Use life insurance policies to provide tax-free funds
  • Convert traditional IRAs to Roth IRAs if eligible
  • Set up a Qualified Personal Residence Trust (QPRT)
  • Explore a family-limited partnership to reduce estate value

Consult an estate planning professional to create the best plan for your circumstances.

Download free Living Will forms to complement your estate plan.

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3. Not Meeting Legal Signing Requirements

A will must be properly signed and witnessed to be valid. Failing to meet your state’s legal requirements can result in the will being challenged or dismissed in court.

In most states, you must:

• • Sign the will in front of two adult witnesses
  • Have both witnesses sign the will in your presence

Not all states require notarization, but having your will notarized can strengthen its legal standing.

Skipping these steps creates the risk that your will won’t be accepted by the court. To avoid confusion or disputes, follow all legal signing rules carefully.

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4. Failing to Update Your Will

Your life will change. Your will should change too.

Major events that call for an update include:

• • Getting married or divorced
  • Having a child or adopting
  • A beneficiary passing away
  • Selling a major asset, like a home or business
  • Disinheriting a child
  • Designating a specific gift to a loved one, friend, caretaker, or grandchild

Without updates, your will could become outdated or lead to confusion. Reviewing your will every 3-5 years is a smart practice. Even small changes, such as naming a new guardian or executor, are important.

5. Forgetting to Name an Executor

An executor is the person responsible for carrying out your wishes. If you don’t name one, a court may appoint someone—possibly someone you would not choose.

The executor will:

• • Navigate probate
  • Pay off any debts
  • Distribute assets

Choose someone you trust who is organized and willing to take on the responsibility. Also, name a backup in case your first choice is unavailable.

Still unsure who to choose? Read more about executors.

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6. Not Registering or Storing Your Will Properly

Even a perfect will is useless if no one can find it. This is a mistake that families often face.

To avoid this problem:

• • Register your will with The U.S. Will Registry
  • Store it securely in iCloud, labeled clearly (e.g., “My Will – Final”) www.Sidedrawer.com offers free iCloud storage.
  • Share your iCloud location and access details with your executor or family members
  • Keep a printed copy in a safe place, such as a fireproof home safe

Tell your loved ones that you have registered your will and explain how to locate it. You can even create a simple checklist for them. If your will is not stored or registered, it could be lost, misplaced, or even destroyed—intentionally or not.

Need to find a missing will? Use our national will search.

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For Consideration: Communicating Your Plans

Your will is a private document, but that doesn’t mean it should be a secret. Share your intentions with loved ones. Let them know who the executor is, where your documents are stored, and that your will is registered.

By opening the door for discussion, you reduce confusion and help your family feel secure about your final wishes.

Final Thoughts on Making a Will

Avoiding these common mistakes ensures that your will is valid, complete, and accessible when needed. A little extra effort now means your family won’t struggle later.

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