What Is the Biggest Mistake in a Will?
The single biggest mistake with a will is not making one at all. Dying without a will in England and Wales means the intestacy rules decide who inherits, and those rules frequently leave out unmarried partners, stepchildren, and close friends entirely, regardless of what you would have wanted.
Among people who do make a will, the most damaging errors tend to be procedural rather than about the contents. Using a DIY kit that is incorrectly executed is a common one. If a beneficiary or their spouse witnesses the will, any gift to that person becomes void under section 15 of the Wills Act 1837. The will itself may still be valid, but the intended gift is lost.
Failing to update a will after marriage is another serious oversight. Under English law, marriage automatically revokes any previous will unless the will was made in contemplation of that specific marriage. Divorce does not revoke a will entirely, but it does remove the former spouse as a beneficiary or executor, which can create gaps if no replacements were named.
Not appointing substitute executors or guardians for minor children causes practical problems too. If your named executor dies before you or is unable to act, the court must appoint someone, and that may not be the person you would have chosen.
Reviewing your will after any major life event, whether that is a divorce, the death of a beneficiary, or acquiring significant new assets, is the simplest way to avoid these mistakes. For guidance on what to never put in a will, see our separate guide. Understanding the Golden Rule of wills can also help protect the document from challenge.
Among people who do make a will, the most damaging errors tend to be procedural rather than about the contents. Using a DIY kit that is incorrectly executed is a common one. If a beneficiary or their spouse witnesses the will, any gift to that person becomes void under section 15 of the Wills Act 1837. The will itself may still be valid, but the intended gift is lost.
Failing to update a will after marriage is another serious oversight. Under English law, marriage automatically revokes any previous will unless the will was made in contemplation of that specific marriage. Divorce does not revoke a will entirely, but it does remove the former spouse as a beneficiary or executor, which can create gaps if no replacements were named.
Not appointing substitute executors or guardians for minor children causes practical problems too. If your named executor dies before you or is unable to act, the court must appoint someone, and that may not be the person you would have chosen.
Reviewing your will after any major life event, whether that is a divorce, the death of a beneficiary, or acquiring significant new assets, is the simplest way to avoid these mistakes. For guidance on what to never put in a will, see our separate guide. Understanding the Golden Rule of wills can also help protect the document from challenge.