7 Common Mistakes to Avoid When Writing a Will

Writing a Will is one of the most important steps in protecting your family’s future. Yet many people make mistakes that only come to light after they have passed away—by which point it’s too late to correct them.

At Viva Planning, we’ve seen how simple errors can lead to disputes, delays, or even an invalid Will. To help you avoid these pitfalls, here are seven of the most common mistakes people make when writing a Will.

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1. Leaving Things Unclear

Vagueness is one of the biggest risks when drafting a Will. If you don’t clearly identify who should inherit, or what specific assets they should receive, your wishes may not be carried out as intended. For example, using common names without clarifying relationships can cause confusion and disputes among beneficiaries.

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2. Choosing the Wrong Executors

Your executors are the people responsible for carrying out the terms of your Will. Selecting someone who is unwilling or unable to handle the responsibility can create serious problems. Executors may need to manage complex tasks at a difficult emotional time, so choose individuals you trust to act fairly and competently.

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3. Making Changes Incorrectly

A Will is a formal legal document. Crossing out sections or writing notes on it will not be legally valid. To make small updates, you must use a codicil, which is an officially recognised amendment. For major changes, it’s usually better to create a new Will altogether.

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4. Failing to Store Your Will Securely

Even the best-drafted Will is worthless if it cannot be found. Too often, Wills are lost, damaged, or forgotten in drawers. Professional Will storage ensures your document is protected, accessible, and retrievable by the right people when needed.

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5. Incorrect Signing (Attestation)

For a Will to be valid in England and Wales, strict rules govern how it must be signed and witnessed. Two witnesses must be present when the testator signs, and they must also sign in each other’s presence. Errors in this process can invalidate the Will entirely. Using a professional service helps ensure all legal requirements are properly met.

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6. Forgetting That Marriage Revokes a Will

One of the lesser-known rules is that marriage automatically cancels any existing Will unless it was written in contemplation of marriage. If you are getting married—or remarried—you should either update your Will beforehand or create a new one after the ceremony to reflect your new circumstances.

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7. Assuming Unmarried Partners Will Inherit Automatically

Perhaps the biggest misconception of all is that long-term, unmarried partners will inherit if you die without a Will. This is not the case. Under intestacy laws, only spouses, civil partners, and certain blood relatives inherit. Without a Will, your partner could be left with nothing.

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Final Thoughts

A valid, well-drafted Will gives you peace of mind and protects your loved ones from unnecessary stress. Avoiding these seven common mistakes ensures your wishes are carried out exactly as intended.

At Viva Planning, our experienced advisors provide clear, professional guidance to make sure your Will is legally valid, up to date, and tailored to your circumstances.