Creating a Will and Testament is one of the most important steps you can take to protect your loved ones and ensure your estate is handled according to your wishes. Yet, many people in the UK fall into common traps that can cause stress, legal challenges, and even financial loss for their families.
Whether you’re preparing your first Will or reviewing an existing one, here are the 10 most common mistakes people make when writing a Will in the UK—and how you can avoid them.
1. Not Writing a Will at All
Perhaps the biggest mistake of all: not having a Will. When you die without one, UK intestacy rules determine how your estate is divided, which may exclude unmarried partners, stepchildren, or close friends.
✅ Avoid it: Make writing your Will a priority—regardless of age, wealth, or marital status.
2. Using DIY Will Kits Without Professional Guidance
DIY Wills or online templates can seem like a quick fix—but they often lead to errors, omissions, or unclear instructions that may invalidate your Will or lead to disputes.
✅ Avoid it: Consider using a solicitor or Will-writing professional, and consult a financial advisor for inheritance tax planning.
3. Failing to Update Your Will After Life Changes
Life changes—marriage, divorce, the birth of children, or buying a home—can all affect your Will. Without updates, your Will could become outdated or invalid.
✅ Avoid it: Review your Will every few years and after major life events.
4. Choosing Inappropriate Executors
Your executor is responsible for managing your estate after you pass. Choosing someone who is unwilling or incapable can lead to unnecessary complications.
✅ Avoid it: Appoint someone reliable, and consider naming a backup executor as well.
5. Being Vague or Ambiguous
Using unclear or general wording—such as “my possessions to my children”—can lead to confusion or disputes.
✅ Avoid it: Be specific. List full names, precise items, and clear instructions for distribution.
6. Ignoring Inheritance Tax (IHT) Implications
Many people don’t consider Inheritance Tax when writing a Will. Without careful planning, your estate could face a large tax bill.
✅ Avoid it: Understand your potential IHT liability and explore ways to reduce it—like using exemptions, trusts, or gifts.
7. Not Including Digital Assets
From online bank accounts to social media, digital assets are increasingly part of our lives—but often forgotten in estate planning.
✅ Avoid it: Include digital assets in your Will or a digital assets memo, and provide clear access instructions for executors.
8. Not Naming Backup Beneficiaries or Executors
If a beneficiary or executor dies before you (or is unable to act), and you haven’t named an alternative, parts of your Will may become invalid.
✅ Avoid it: Always include substitute beneficiaries and executors as a safeguard.
9. Failing to Properly Sign and Witness the Will
To be valid in England and Wales, your Will must be:
- Signed by you
- Witnessed by two independent adults (not beneficiaries or married to them)
- All parties must sign in each other’s presence
✅ Avoid it: Follow the legal formalities exactly. Improper signing is a common cause of invalid Wills.
10. Poor Storage and Communication
A perfectly written Will is useless if it’s lost or inaccessible. Many Wills go missing simply because no one knows where to find them.
✅ Avoid it: Store your Will securely and let your executors or family know where it is—whether that’s with your solicitor, a Will storage service, or a safe at home.
Final Thoughts: Write Your Will the Right Way
Writing a Will is not just a legal task—it’s a way to protect your family, honour your wishes, and reduce stress for your loved ones after you’re gone. Avoiding these common mistakes ensures your Will and Testament is valid, effective, and up to date.
Whether you’re drafting your first Will or revisiting an old one, make sure it’s done properly. Professional guidance can make all the difference in protecting your legacy.