The Biggest Mistakes People Make When Writing a Will

Drafting a Will is often treated as an afterthought, something to get from the post office or written in an email.

In reality, a poorly prepared Will can create significant consequences for the people you leave behind.

We see the same mistakes arise when people draft their own Will, and most of them are avoidable.

1. Not updating a Will after major life changes.

Events such as marriage, divorce, having children or acquiring property can all impact your Will and estate. You may have also gifted property in your Will which no longer exists.

As a rule of thumb, you should set a reminder to review your estate plan at least once a year. Our Wills & Estates team are happy to review your current Will with you in an initial consultation to help guide you.

2. Choosing the wrong Executor

Common mistakes include choosing someone who lacks the time or capability, someone who is likely to be in conflict with the beneficiaries or failing to appoint a backup executor.

3. Assuming Superannuation is covered by your Will

Superannuation is typically distributed by the trustee in line with a Binding Death Benefit Nomination (“BDBN”).

If you have a self-managed super fund, and you don’t have a BDBN in place, a solicitor can draft one for you provided they have reviewed the Trust Deed for the superannuation fund to ensure the BDBN complies.

If you are unsure if you have a BDBN in place, the best place to start would be to check with your industry superannuation provider or the accountant/financial adviser who set up your SMSF trust deed.

4. Using DIY or Template Wills

Common issues we see with these are invalid signing, ambiguous or unclear wording, failure to deal with all assets and no consideration of tax or asset protection.

Even small errors can lead to major complications during the estate’s administration.

A solicitor will typically ask you to provide a full asset and liability list, and have an initial consultation with you before preparing your Will.

With a solicitor’s understanding of the relevant succession laws and experience in the industry, you can rest assured that the long-term benefit of having a solicitor pay personal attention to your estate planning far outweighs the benefits relying on a DIY Will Kit that may not be valid or take proper account of your circumstances.

5. Not planning for Blended Families

Blended families require careful estate planning, especially where there are children from previous marriages.

A common approach is leaving everything to a spouse with the expectation that assets will later pass to all children. Yet, once those assets pass to the spouse there is no legal obligation for them to leave those assets to your children.

This can result in children from a previous relationship missing out entirely.

Another pitfall is improper consideration of each partner’s assets and liabilities which can lead to disputes.

Estate Planning is especially important where you have more to consider, and a consult with our solicitors can help you understand the different estate planning strategies available to blended families.

A Will is more than just a document, it is a serious legal consideration.

The mistakes outlined above are so common but largely avoidable.

Ultimately, good estate planning is about providing clarity, protecting relationships and ensuring your wishes are carried out as intended.

Reach out to our Wills & Estates team today if you are ready to do your Will or would like to review your current Will at a free initial consultation.