Making a Will is one of the most important steps you can take to protect your loved ones and ensure your wishes are carried out after you pass away. Yet, at Hook & Partners, our wills and probate team regularly sees clients make avoidable mistakes that cause stress, confusion, and even legal disputes later on.
So, what’s the biggest mistake with Wills? In truth, there are several common errors, but one stands above the rest: not having a valid, professionally drafted Will in place at all.
The Biggest Mistake: Not Making a Will
Many people assume they don’t need a Will, particularly if their affairs are straightforward or they believe their next of kin will “sort it out.” Unfortunately, this misconception can leave families facing unnecessary complications during an already emotional time.
If you die without a valid Will (known as dying intestate), your estate will be distributed according to the rules of intestacy, not your personal wishes. This means:
- Your spouse or civil partner may not receive everything you intended.
- Unmarried partners and stepchildren are not automatically entitled to inherit.
- The process of obtaining probate and wills documentation becomes longer and more expensive.
- Family disagreements and disputes are far more likely to arise.
By far the biggest mistake is assuming you “don’t need one yet.” In reality, every adult should have a valid Will, and it should be reviewed regularly to reflect life changes such as marriage, divorce, new children, or the purchase of property.
Other Common Will-Making Mistakes
Even when people do make a Will, errors can still occur, especially if they use unregulated online templates or write their own without legal guidance. Here are some of the most frequent mistakes our will and probate solicitors encounter:
1. DIY or Invalid Wills
Homemade or online Wills may not meet the strict legal requirements set out in the Wills Act 1837, rendering them invalid. Issues often arise due to improper witnessing, unclear wording, or missing signatures. If a Will is found invalid, your estate could still be treated as if you had no Will at all.
2. Not Updating Your Will
Life changes quickly, and your Will should keep up. Major events such as marriage, separation, new children, or property purchases can affect inheritance rights. Out-of-date Wills can leave out loved ones or accidentally benefit people you no longer wish to include.
3. Unclear or Ambiguous Terms
Vague wording can cause serious problems. For example, leaving “my house” to someone could cause confusion if you own multiple properties. Professional wills and probate solicitors can ensure your Will is written with clarity and precision.
4. Failing to Name Executors or Guardians
An executor manages your estate after your death. If no executor is named, or the chosen person is unwilling or unable to act, the court must appoint someone else. Similarly, parents often forget to appoint guardians for their children, leaving the courts to decide who takes on this crucial role.
5. Ignoring Inheritance Tax (IHT) Implications
A well-drafted Will can help reduce inheritance tax liabilities. Without expert advice, families may end up paying more tax than necessary, reducing the value of the estate.
Why Use a Professional Will and Probate Solicitor?
While DIY options may seem convenient, only a qualified solicitor can ensure your Will is legally valid, watertight, and tailored to your circumstances. At Hook & Partners, our team of experienced wills and probate solicitors can:
- Draft a bespoke Will to suit your individual needs.
- Provide advice on inheritance tax planning and trusts.
- Act as professional executors if required.
- Ensure your Will complies fully with current legislation.
Having a professionally prepared Will gives you peace of mind that your estate will be managed efficiently and according to your wishes.
Common Client FAQs
Q: How often should I update my Will?
We recommend reviewing your Will every 3–5 years or after major life events such as marriage, divorce, or purchasing property.
Q: What happens if I die without a Will?
If you die intestate, your estate will be divided according to government rules, not your personal wishes. Unmarried partners, stepchildren, and friends will not inherit unless specifically included in a Will.
Q: Can I make changes to my Will?
Yes, but changes must be made using a legal document called a codicil or by drafting a new Will. Avoid handwritten amendments, as these can invalidate your Will.
Q: Do I need a solicitor to write a Will?
While you can write your own, using a will and probate solicitor ensures your Will is legally sound, correctly witnessed, and less likely to be challenged later on.
Q: What’s the difference between Wills and Probate?
A Will sets out your wishes for your estate after death, while probate is the legal process of administering that estate. Our probate and wills team at Hook & Partners can assist with both.
Protect Your Loved Ones with Expert Guidance
At Hook & Partners, we understand that making a Will can feel daunting, but it’s one of the most important things you can do for your family. Our compassionate and knowledgeable wills and probate solicitors are here to make the process simple, secure, and stress-free.