A will is a legal document that ensures the probate assets of an individual are distributed as per their wishes after their death. Having a will in place, irrespective of the asset value, is important because it resolves any administrative issues and minimizes the risk of conflicts among the recipients of the assets. There are certain guidelines for writing a will and a slip-up here can lead to expensive legal complications, disputes, and delays. 

Common mistakes to avoid while writing a will

Not signing the will
This may seem like a minor detail, but not signing a will correctly can invalidate its legality. One must have at least two witnesses at the time of signing a will, and their signatures must also be included in the document. A will duly signed by witnesses often bears more credibility in the court and usually is never violated.

Only mentioning property
A will is not just about dispensing property. There are several other assets that one needs to factor in while writing a will. For example, life insurance, pension, bank account, shares, mutual funds, or even artifacts or timeless art pieces. All of these come under estate planning, and mentioning the beneficiaries, as well as even alternate beneficiaries and alternative executors, is crucial. This is especially important in case either of them meets with an untimely death before the individual. It’s best to consult a professional estate planner or attorney in this regard so as not to overlook any critical details.

Forgetting to include residuary provision
A will should include all of one’s assets, but in many cases, people tend to forget smaller investments or personal belongings. These overlooked assets are known as “residuary.” It’s best to include a residuary clause in the will just to be safe and ensure anything left out also finds a home. In the absence of this, one may leave behind unresolved assets or create confusion regarding their distribution.

Vague descriptions
One should provide a detailed description of the asset or property identification, as well as the names of the recipients. Using full names is advisable. In case of ambiguity, two relatives with similar names may experience confusion or disputes. A confusing or ambiguous will leads to expensive court proceedings or litigation and may also be emotionally exhausting for all parties involved. So, it’s best to be cautious, descriptive, detailed, and clear with the claws while writing a will. For example, it’s not enough to simply mention the word “family,” which can mean a sea of people related to the deceased. The will should identify each member of the family and the distribution percentage or inheritance share for maximum clarity.

Not working with an attorney
It’s important to work with an attorney so there are no legal oversights or errors. In addition, the legal system has many phrases or terms with strict meaning or specific implications. Misusing those terms can cause confusion. For the first meeting, it’s best to ask the attorney for all the documents that one may need, including a detailed account of one’s wish, the list of one’s assets and liabilities, as well as basic contact information about the beneficiaries. Being prepared with all the documents means one may be more productive during the meeting and eventually shell out less in fees.

Underestimating the documents that one may need
Writing a will may seem as easy as typing out a list of wishes, but it requires more considerations and documents to smooth out and authenticate the process. These documents can include beneficiary designations, property valuations, and divorce decrees.

Not mentioning one’s health-related and funeral plans
A will includes one’s health care preferences in times of emergencies or death. For example, if there’s hardly any probability of one’s survival post a life-threatening disease or accident, one can include the general direction of one’s medical treatment in the will, whether one wants the life-prolonging measures to continue or not. Alternatively, one can specify if one wants any particular religious rites or ceremonies after death or wishes to be an organ donor. Specifying these details will also ease the emotional burden on the family members. A will also include guardian appointing for minors and specifying funeral arrangements beforehand.

Not updating will
In case a beneficiary dies before the individual or in case of special events like marriage, divorce, or childbirth, designation changes of the beneficiary, it’s important to update the will accordingly. Not only this, but any changes in income or any windfall gains, as well as changes in tax laws related to property, may necessitate the review and upgradation of the will. Do remember to dispose of the previous will properly to avoid confusion.

Hiding the will
It’s important to secure one’s important documents properly, but when it comes to the original will document, one should let a few people know about its whereabouts. This can either be the attorney, a trusted family member, or an executor. Unless the original is retrieved, the will cannot be executed.

Not writing the heading
As simple as this may sound, people often forget to title their will with their name and details, and in the absence of it, it may often be difficult to retrieve it when needed. On the front page, one should at least clearly mention one’s full legal name, whether it’s the most recent document and it invalidates the older versions, and the executor’s name.