A will can look straightforward until the people left behind have to rely on it. The top mistakes when making a will are rarely dramatic. More often, they are small omissions, unclear wording or signing errors that create delay, expense and avoidable disagreement at a difficult time.
For many families, a properly prepared will is one of the clearest ways to protect those closest to them. It gives you control over who should deal with your estate, who should benefit and, where children are involved, who you would wish to care for them. The detail matters, particularly where there is a blended family, a business, property in more than one jurisdiction or changing personal circumstances.
Top mistakes when making a will
Leaving it too late
The most common mistake is not making a will at all. Without one, the rules of intestacy decide who inherits your estate. Those rules do not take account of personal relationships, verbal promises or what may seem fair within a particular family.
An unmarried partner does not automatically have the same rights as a spouse or civil partner. Friends, stepchildren and charities may receive nothing under intestacy rules, unless there is another legal basis for a claim. A will lets you make deliberate provision rather than leaving significant decisions to default legal rules.
It is also sensible not to treat will-making as something reserved for old age. Buying a home, having children, starting a business, separating from a partner or receiving an inheritance are all sensible points to consider making or reviewing a will.
Using vague or overly general wording
A sentence such as “my jewellery to my children” may appear clear at first, but questions soon arise. Does it include a watch? Are items divided equally by value, by number, or by agreement? What happens if one child has already received a particular item?
The same issue can arise with property, savings, shares and personal possessions. A will should identify gifts clearly, deal with what happens if a beneficiary dies before you, and state who receives the remainder of the estate after debts, expenses and specific gifts have been paid.
Homemade wills and online templates may suit a simple situation, but they can create problems where wording does not reflect your circumstances. A solicitor can help ensure that your instructions are expressed accurately and that the document works as intended in practice.
Choosing the wrong executors
An executor is responsible for administering your estate. Their role may involve gathering assets, paying liabilities, dealing with HMRC where necessary, applying for probate and distributing the estate. It can be time-consuming and, occasionally, contentious.
Choosing a relative because they are the eldest or because they are likely to live longest is not always the best approach. Consider whether they are organised, willing to act and able to deal calmly with family members and financial paperwork. You can appoint more than one executor, which can share the responsibility, although too many people may make decisions slower.
Where an estate is complex, or where there is likely to be disagreement, appointing a professional executor or asking a solicitor to assist the executors may provide useful reassurance. The right approach depends on the size of the estate, family relationships and the nature of the assets.
Forgetting about guardians for children
If you have children under 18, your will is an opportunity to name the people you would wish to act as their guardians if both parents have died. This is not a decision to make lightly. It is sensible to speak to the proposed guardians first and think about their health, age, family commitments, values and relationship with your children.
A guardian appointment does not remove the court’s responsibility to consider a child’s welfare if there is a dispute. However, it provides clear evidence of your wishes and can prevent uncertainty at an already distressing time.
You may also want to consider how funds should be managed for children. Leaving money outright at 18 may be appropriate in some cases, while others may prefer it to be held in trust until a later age or released gradually for education, housing or other needs.
Assuming marriage, separation or divorce does not matter
Major relationship changes should prompt a review of your will. Marriage or entering a civil partnership can affect an existing will, unless the will was made in contemplation of that particular marriage or civil partnership. Separation does not necessarily achieve the same result as divorce, and a divorce can have legal consequences for gifts or appointments involving a former spouse.
The position can be more complicated for couples who are separated but not divorced, cohabiting after a previous marriage, or living across Northern Ireland and the Republic of Ireland. Do not assume that changing a beneficiary nomination, telling your family what you want or writing on an old will is enough. Take advice before making changes.
Signing the will incorrectly
A perfectly drafted will can fail if it has not been executed correctly. In general, a will must be signed in the presence of two witnesses, who must also sign it in the appropriate way. The practical arrangements matter, including who is present when the signatures are made.
A beneficiary should not act as a witness. Neither should the spouse or civil partner of a beneficiary. Doing so may put that person’s gift at risk, even where the rest of the will remains valid.
Signing should never be treated as an afterthought. A solicitor will arrange or advise on correct execution, retain a record of the process where appropriate, and make sure that amendments are handled properly. Crossing something out, attaching a note or adding a handwritten instruction after signing can cause serious uncertainty.
Failing to account for all assets and liabilities
Your estate is more than your home and bank account. It may include workplace death-in-service benefits, pensions, life policies, savings accounts, investments, digital accounts, a business interest, overseas property and valuable personal possessions. Some assets pass under separate nominations or trust arrangements rather than through a will, so those arrangements also need to be reviewed.
Liabilities need equal attention. A mortgage, personal guarantees, business borrowing or jointly owned property can affect what is available to beneficiaries. If you own a property with someone else, the way it is held may determine whether your share passes automatically to the surviving owner or under your will.
Keep a separate, regularly updated record of your assets, debts, advisers and important documents. It does not need to contain account passwords, but it should give executors enough information to locate what exists. Store it securely and tell your executors where to find it.
Ignoring tax, care and business considerations
A will is not solely about dividing possessions. It can be part of sensible wider planning. Depending on your circumstances, gifts between spouses or civil partners, lifetime gifts, trusts and the ownership of business or agricultural assets may have inheritance tax implications.
Tax should not be the only driver. A plan that saves tax but leaves a surviving partner without practical security may not meet your aims. Similarly, care needs, vulnerable beneficiaries and the risk of a beneficiary facing financial difficulties may mean that an outright gift is not always the right solution.
Business owners should consider what happens to their shares, partnership interest or role in the business. Your will should sit alongside shareholder agreements, partnership documents and any insurance arrangements, rather than contradicting them.
When should you review a will?
Review your will every few years and whenever a significant event occurs. That includes a marriage, civil partnership, separation, divorce, birth, death, house move, substantial change in wealth, purchase of property abroad or a change in the person you have chosen as executor or guardian.
Reviewing does not always mean rewriting the document. Sometimes a short, properly executed codicil is suitable. In other cases, especially where several changes have accumulated, a new will is clearer and safer. Never make informal alterations to the signed original.
Clear instructions now can spare your family later
A will should give your family direction, not leave them with a puzzle. Taking time to explain your wishes, identify the right executors and review the document as life changes can make a real difference to those handling your affairs.
JPH Law can provide sensible, practical advice on making or reviewing a will, including more complex arrangements involving families, property, businesses or assets across Ireland. A confidential conversation now can help ensure your intentions are properly recorded and your family is better supported when they need it most.