Common Mistakes People Make When Drafting Their Will (and How to Avoid Them)

Creating a will is one of the most important things you can do to protect your family and ensure your wishes are honored. Yet many people make simple mistakes that can cause serious problems down the road. These errors might seem small at the time, but they can lead to family disputes, legal battles, and outcomes you never intended.

Let's look at the most common mistakes people make when writing their wills and how you can avoid them.

Making Your Will Too Complicated

Some people think their will needs to be extremely detailed and complex. They try to control every little thing that happens after they're gone, creating pages and pages of confusing instructions. This often backfires.

When a will is too complicated, it becomes harder to understand and carry out. Your executor might struggle to follow your wishes, and family members could end up confused or frustrated. Sometimes overly complex wills even get challenged in court because they're unclear.

The solution is to keep things simple and straightforward. Focus on the big decisions like who gets your major assets and who will care for your children. A good attorney can help you find the right balance between being thorough and being clear.

Forgetting About Contingencies

Life doesn't always go as planned. One of the biggest mistakes people make is assuming everything will work out exactly as they picture it. They name one person to inherit their house without thinking about what happens if that person dies first. They choose a guardian for their kids without naming a backup.

These missing contingencies can create real problems. If your first choice for executor passes away before you do, who takes over? If the charity you want to support closes down, where does that money go? Without backup plans in place, a court might have to make these decisions for you.

Always include contingency plans in your will. Name alternate beneficiaries, backup executors, and secondary guardians. Think through different scenarios and make sure your will addresses them.

Not Updating Beneficiaries

Your life changes over the years, but your will might not keep up. This is an extremely common problem. People write a will when they get married or have their first child, then forget about it for decades.

Meanwhile, relationships change. You might get divorced, remarried, or have more children. Close friends might drift apart. The nephew you were close to at age 25 might be a stranger by age 55. If you don't update your will, it might leave everything to people you're no longer close with or even to an ex-spouse.

Even worse, outdated beneficiary designations on retirement accounts and life insurance policies can override what your will says. You could write a new will but forget to update these accounts, sending money to the wrong people.

Review your will every few years or after major life events like marriages, divorces, births, or deaths in the family. Make sure all your beneficiary designations match your current wishes.

Trying to Do It Yourself

DIY wills and online templates seem like an easy way to save money. Unfortunately, they often create more problems than they solve. Every state has different laws about what makes a will valid. Small mistakes in signing or witnessing can make your entire will invalid.

Online forms also can't account for your unique situation. They don't know about your blended family, your special needs child, or your complicated business interests. They can't warn you about tax issues or suggest better ways to structure your estate.

Working with a Twin Falls estate planning attorney ensures your will is legally valid and truly reflects your wishes. An experienced lawyer knows the pitfalls to avoid and can customize your plan to fit your life.

Leaving Out Important Assets

Many people forget to account for all their property when writing a will. They remember the house and bank accounts but forget about the vacation home, the collection of vintage coins, or the ownership stake in a family business.

Digital assets are especially easy to overlook. Your social media accounts, cryptocurrency, online businesses, and digital photo libraries all need to be addressed. Without clear instructions, your family might not even be able to access these assets.

Make a complete list of everything you own before drafting your will. Include physical property, financial accounts, digital assets, and business interests. Your attorney can help you think through items you might otherwise miss.

Getting It Right From the Start

Creating a will doesn't have to be stressful or complicated. By avoiding these common mistakes, you can create a clear, effective plan that protects your loved ones and honors your wishes.

The key is working with an experienced attorney who can guide you through the process. They'll help you avoid pitfalls, plan for contingencies, and create a will that actually works when your family needs it most.

Don't leave your family's future to chance. Contact Alturas Law Group at 208-788-6688 to schedule a consultation and get your estate plan started the right way.