Common Mistakes People Make When Writing Their Wills

Writing a Will is one of the most important things you can do to protect the people you care about most. However, over the years, we have seen many situations where small mistakes have created major problems for families later on.

At SLS Wills and More, we regularly meet clients who thought everything had been dealt with properly, only to discover that their Will may not work in the way they intended. Sometimes these mistakes can lead to delays, additional costs, family disagreements, or even parts of a Will becoming invalid.

Here are some of the most common issues we see.

Incorrect Witnessing

One of the biggest problems we come across is Wills that have not been signed or witnessed correctly.

In England and Wales, a Will normally needs to be signed in the presence of two witnesses, who must also sign the document themselves while the person making the Will is present.

We sometimes see:

• witnesses signing at different times

• missing signatures

• witnesses not being physically present

• people trying to complete the process informally at a later date

Even simple mistakes can cause serious legal complications after somebody has passed away.

Beneficiaries Witnessing the Will

This is another surprisingly common issue.

If somebody who benefits from the Will acts as a witness, or if their spouse or civil partner acts as a witness, the gift to that person could fail completely.

For example, if you leave money to your daughter and she witnesses the Will, there could be problems with her inheritance.

Choosing independent witnesses is extremely important.

Assuming Marriage Does Not Affect a Will

Many people are unaware that marriage generally revokes an existing Will in England and Wales.

This means that a Will made before marriage may no longer be valid afterwards unless it was specifically written in contemplation of that marriage.

We regularly speak to people who are surprised to discover that getting married may have unintentionally cancelled their previous arrangements.

Assuming Divorce Cancels Everything

Divorce works very differently.

A divorce does not automatically revoke a Will. Instead, an ex-spouse is generally treated as though they have died for the purposes of the document.

However, this can still leave major gaps and unintended consequences if the Will has not been properly reviewed and updated afterwards.

Making Homemade Changes

Writing notes on a Will, crossing sections out, or trying to make amendments yourself can create confusion and may affect the validity of the document.

If circumstances change, it is always best to review the Will properly rather than attempting to alter it yourself.

Forgetting to Update Your Will

Life changes quickly.

Marriage, divorce, children, grandchildren, moving house, business interests, and changing family relationships can all affect whether a Will still reflects your wishes.

A Will should be reviewed regularly to make sure it still does what you want it to do.

Forgetting About Lasting Powers of Attorney

Many people focus only on what happens after death and forget about planning for later life.

Lasting Powers of Attorney allow trusted people to help make decisions for you if you become unable to make decisions yourself. Without them, families can face lengthy and expensive applications through the Court of Protection.

Peace of Mind for You and Your Family

Good estate planning is about far more than paperwork. It is about protecting loved ones, reducing stress, and making difficult situations easier for the people around you.

At SLS Wills and More, we help clients across England and Wales put clear and effective plans in place that reflect their wishes and provide peace of mind for the future.

If you would like to review your current Will or discuss putting plans in place, our friendly team would be happy to help.

SLS Wills and More
01304 577998
www.slswillsandmore.co.uk