Most Common Mistakes When Writing a Will
Writing a will is one of the most important things you can do to protect your loved ones. Yet, many people unknowingly make critical mistakes when writing a will. These errors can lead to confusion, legal battles, and even unintended disinheritance. By understanding the most common mistakes when writing a will, you can take steps to avoid them—and ensure your wishes are honored.
In this blog, we will explore the top mistakes people make when creating their wills. We’ll also explain how to fix them and why proper will registration and storage are essential steps in the process.
1. Not Registering Your Will
One of the most common mistakes when writing a will is failing to register it. Many people believe that once a will is written and signed, it’s automatically secure. Unfortunately, that’s not the case.
If your will goes unregistered, it may never be found after your death. Family members may not even know it exists. Worse, someone with bad intentions could find and destroy it. In such situations, the courts might treat your estate as if you never had a will at all.
How to fix it: Register your will with a reputable service like The U.S. Will Registry. This registry stores the location of your will—not the document itself—so your privacy is protected while ensuring your family can find it when needed.
Don’t Just Write a Will – Register It for Peace of Mind
2. Storing It in an Unsafe Location
Storing your will in a place where it can be easily lost, damaged, or destroyed is a big risk. Many people keep their will in a filing cabinet, a desk drawer, or even under a mattress. These spots may seem convenient, but they are not secure.
What to do instead: Store a digital backup in the cloud, and keep the original in a fireproof, waterproof safe or a safe deposit box. Even better, The U.S. Will Registry partners with SideDrawer.com, offering free, highly secure online cloud storage. SideDrawer provides encrypted storage for your estate documents, ensuring you protect your wishes and keep them easily accessible.
3. Failing to Update Your Will
Life changes—quickly. Yet, many people write a will once and never look at it again. That oversight can lead to major issues. If your will doesn’t reflect your current relationships or assets, your estate could be distributed in unintended ways.
Examples include:
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- Marrying or divorcing
- Having children or grandchildren
- Buying a home or new investments
- Changing your mind about who should inherit
What to do: Review your will every 2 to 3 years. Also, update it after any significant life event.
4. Not Naming a Backup Executor
Naming an executor is essential. However, not listing an alternate is a common mistake. If your chosen executor dies, becomes incapacitated, or declines the role, your estate may face delays until the court appoints someone.
Avoid this mistake: Always name a backup executor in your will. Learn more about this important role in our Executor of Estate – A Guide for Families and First-Time Executor article.
5. Using Vague or Confusing Language
Wills must be clear. Phrases like “my jewelry goes to my nieces” can create conflict, especially if you have more than one niece or valuable jewelry. Vague language can even cause parts of your will to be declared invalid.
What to do: Be specific. Include full names, describe items clearly, and avoid generalities.
6. Forgetting to Include Digital Assets
Many people forget to include digital assets—email accounts, social media, crypto, etc. These can hold sentimental or financial value, and without clear instructions, they may be lost forever.
Fix this issue: The U.S. Will Registry’s free will program includes a section for digital assets. Plus, it offers a digital asset form to help you record and organize online account details. This ensures nothing gets overlooked.
7. Not Getting Proper Witness Signatures
Improper witnessing is one of the fastest ways to invalidate your will. Each state has its own rules, but most require two witnesses. In some cases, notarization is also needed.
What to do: Research your state’s requirements and follow them exactly. Make sure witnesses are not beneficiaries.
8. Writing It Yourself Without Guidance
DIY wills often miss key legal language. While writing your own will can be tempting, mistakes can lead to rejection by the courts.
Solution: Use a trusted online will program. The U.S. Will Registry offers a free online will maker designed to walk you through each step. Even if your estate is complex, this gives you a solid foundation to take to an attorney, if needed.
9. Not Telling Anyone Where the Will Is
Even the most carefully written and stored will is useless if no one knows where to find it. Let your executor or a trusted person know where the original and backup copies are located.
For tips on what to do if a will is missing, read Can’t Find the Will?.
10. Dying Without a Valid Will
If you die without a valid will, your estate goes through intestate probate, which means the state decides who inherits. Learn more about this process in our article on settling an estate without a will or legal heir.
Final Thoughts: How to Eliminate These Mistakes
Creating a will doesn’t have to be stressful or expensive. Most of the common mistakes when writing a will are completely avoidable with the right tools and resources.
That’s why The U.S. Will Registry’s free online will program is so valuable. It guides you step by step, includes a section for digital assets, offers free registration, and provides secure cloud storage through its partnership with SideDrawer.
Still unsure whether you’ve been named in someone else’s will? Here’s how to find out if you are a beneficiary.
With a little planning, you can write a legally sound will, avoid probate issues, and give your loved ones peace of mind.
Make certain your wishes are known. Create and Update Your Will Now! Its Free!
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Editorial Review:
This article was prepared by estate planning researchers and reviewed by S. Miller and staff. With more than 25 years of experience in estate planning documentation and probate processes, our editorial oversight ensures clarity and accuracy. This content is provided for informational purposes only and does not constitute legal advice.
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