Writing a will is one of the most important steps you can take to ensure your estate is distributed according to your wishes. However, many people make mistakes that can lead to confusion, disputes, or even render the will invalid. At Blackstone Solicitors, we have helped many clients across England and Wales draft legally sound wills. In this article, we outline the most common mistakes to avoid when writing a will and how to ensure your wishes are carried out effectively.
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For a free initial discussion with a member of our New Enquiries Team, get in touch with us today. We are experienced in dealing with all the legal aspects of Wills and Probate and once instructed, we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you are on the best possible footing from the start and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
- Not Making a Will at All
One of the biggest mistakes people make is failing to write a will in the first place. Without a will, your estate will be distributed according to intestacy laws, which may not align with your wishes. This can lead to unintended beneficiaries and legal complications for your loved ones.
- Failing to Update Your Will
A will should not be a one-time document. Life changes—such as marriage, divorce, the birth of children, or changes in financial circumstances—should prompt you to review and update your will accordingly. An outdated will can lead to assets being distributed in a way that no longer reflects your intentions.
- Using Ambiguous or Unclear Language
Clarity is crucial when drafting a will. Vague wording can lead to disputes among beneficiaries, potentially resulting in costly legal battles. It is essential to use precise language and clearly state your intentions to avoid misinterpretation.
- Not Following Legal Formalities
For a will to be valid in England and Wales, it must comply with certain legal requirements:
- The testator (person making the will) must be at least 18 years old.
- The will must be in writing and signed by the testator.
- The signing must be witnessed by two independent witnesses, who must also sign the will.
Failing to meet these requirements can render your will invalid, leading to potential disputes and unintended distributions.
- Choosing the Wrong Executors
Executors are responsible for administering your estate, so choosing trustworthy and capable individuals is vital. Selecting an executor who is unwilling, unable, or inexperienced in handling financial and legal matters can cause delays and complications in executing your will.
- Not Considering Inheritance Tax Implications
Failing to account for inheritance tax can significantly reduce the amount your beneficiaries receive. Proper estate planning, including the use of tax-efficient strategies such as gifts, trusts, and exemptions, can help minimise inheritance tax liabilities.
- Excluding Beneficiaries Without Explanation
If you choose to exclude a family member from your will, it is advisable to provide a clear explanation, either within the will or in a separate letter. This can help reduce the risk of legal challenges from disgruntled relatives who may claim they were unfairly omitted.
- Failing to Plan for Unexpected Events
Many people assume their beneficiaries will outlive them, but it is important to consider what will happen if they pass away before you. Including substitute beneficiaries and contingency plans in your will ensures your assets are distributed according to your wishes, even in unforeseen circumstances.
- Not Accounting for Digital Assets
In today’s digital age, many people have online accounts, social media profiles, and digital assets such as cryptocurrency. Failing to account for these in your will can make it difficult for your executors to access and manage them after your passing.
- Storing the Will in an Inaccessible Location
A will is useless if it cannot be found when needed. Storing it in a safe but accessible location, such as with a solicitor, ensures that your executors can easily retrieve it when required. Informing a trusted person of its location is also advisable.
- Relying on a DIY Will
While DIY will kits and online templates may seem like a cost-effective solution, they often lead to errors, omissions, and legal complications. Seeking professional legal advice ensures your will is properly drafted, legally sound, and tailored to your specific circumstances.
- Ignoring Provisions for Dependants and Guardianship
If you have minor children or dependants, failing to appoint guardians in your will can leave their care uncertain. Specifying guardianship arrangements ensures your children will be cared for by individuals you trust.
How Blackstone Solicitors Can Help
At Blackstone Solicitors, we provide expert legal advice on will drafting, estate planning, and probate matters across England and Wales. Our team ensures your will is clear, legally valid, and tailored to your individual circumstances, helping you avoid costly mistakes and disputes.
Conclusion
Writing a will is a crucial step in protecting your loved ones and ensuring your assets are distributed according to your wishes. Avoiding common mistakes—such as failing to update your will, using unclear language, or not considering inheritance tax—can help prevent legal complications and ensure your estate is handled smoothly. Seeking professional advice from Blackstone Solicitors can give you peace of mind that your will is properly drafted and legally sound. Contact us today for expert guidance on writing or updating your will.
We have a proven track-record of advising upon all aspects of private client work. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.to incorporate, what kind of ownership
How to Contact Our Private Client Solicitors
It is important for you to be well informed about the issues and possible implications of writing a Will. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to us today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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