People often assume wills are simple: write down who gets what, sign it, and you’re done.
And sometimes that’s true.
But I’ve also seen the other side - the “it seemed simple” will that turns into confusion, conflict, litigation fees, and years of delay. The frustrating part? Most will mistakes are entirely avoidable if you know what to watch for.
Here are the seven most common will mistakes I see, and how to avoid them.
This is the big one. A will can be beautifully written and still be useless if it isn’t executed correctly.
Avoid it: Follow the signing rules carefully. Use two valid witnesses, have everyone present at the same time, and don’t cut corners.
Your executor isn’t a “name on paper” - it’s a job. A difficult job. People often pick someone based on emotion instead of practicality, and they forget to name a backup.
Avoid it: Choose someone organized, trustworthy, calm under pressure, and able to deal with conflict. Always name at least one alternate executor.
Phrases like “divide everything fairly” or“split things equally” can create real problems when assets aren’t easy to divide.
Avoid it: Be specific. If you want equal value, say so - and explain how to handle things like the house, the cabin, or sentimental items.
Marriage, separation, divorce, new children, deaths in the family, new assets - life changes, but many people fail to update their will accordingly.
Avoid it: Review your will every 3-5 years, and immediately after any major life events.
If you have minor children, your will isn’t just about money - it’s about protecting your children. Too many wills name a guardian but don’t address how funds should be managed.
Avoid it: Name a primary and alternate guardian. Consider how and when children should receive an inheritance, rather than handing it all over at a young age.
Many assets don’t pass through a will at all, including jointly owned assets and accounts with named beneficiaries.
Avoid it: Make sure your will matches the rest of your estate-planning strategy. Beneficiary designations and asset ownership structures often matter as much as the will itself.
You don’t need a lawyer to draft a will, butDIY wills are more likely to be unclear, incomplete, or improperly signed. The real cost shows up later, when your family is stuck dealing with the mess.
Avoid it: If you do a will on your own, at minimum, have it reviewed to confirm it works the way you think it does.
A will should create clarity, not stress. If you already have a will, it’s worth asking: would this be easy for my executor to follow, and hard for someone to challenge? If the answer isn’t a confident yes, it may be time for a lawyer’s review.
Talon Regent, BBA, JD
Lawyer
