A Will is only effective if it's legally valid and clearly drafted. Here are ten of the most common mistakes we see — and how to avoid them.
1. Not having two independent witnesses present when you sign. Both witnesses must be present at the same time, must see you sign, and must then sign themselves. 2. Having a beneficiary (or their spouse) act as a witness — this doesn't invalidate the Will but does void their gift.
3. Not revoking previous Wills properly. Your new Will should include a revocation clause. Without one, earlier Wills could cause confusion or legal disputes. 4. Failing to account for jointly owned property. Assets owned as joint tenants pass automatically to the surviving owner, regardless of what your Will says.
5. Using vague language. Phrases like 'my jewellery to my daughters' can cause disputes if it's unclear which items go to which daughter. Be specific. 6. Not considering the tax implications. A poorly structured Will can result in unnecessary Inheritance Tax. Professional advice ensures you use all available reliefs.
7. Forgetting to appoint guardians for minor children. Without named guardians, the court decides who raises your children. 8. Not updating your Will after major life events. Marriage automatically revokes an existing Will (unless it was made 'in contemplation of marriage'). Divorce doesn't revoke a Will, but it does treat the ex-spouse as having predeceased you for gifts.
9. Using DIY Will kits without professional advice. While technically legal, DIY Wills are responsible for a disproportionate number of probate disputes. The Money Saving Expert 2026 survey found that 1 in 4 DIY Wills contain errors. 10. Storing the Will somewhere nobody can find it. Tell your executors where it's kept.
At Castle Family Legal, every Will is drafted by a qualified legal advisor and thoroughly checked. Our Wills start from £195. Contact us to get it right first time.
