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    10 Common Will Writing Mistakes to Avoid in 2026

    18 January 2026 Greg Stevens1 min read

    Summary

    Even small mistakes in your Will can have devastating consequences. Here are the ten most common errors and how to avoid them.

    Key Takeaways

    • A Will is one of the most important documents you'll ever create, but even small mistakes can render it invalid or cause disputes.

    A Will is one of the most important documents you'll ever create, but even small mistakes can render it invalid or cause disputes. Here are ten common errors to avoid.

    1. Not having a Will at all. Over half of UK adults still don't have one in 2026. This is the biggest mistake of all, as it leaves your estate to intestacy rules.

    2. Using a DIY Will kit without professional guidance. While cheap, DIY Wills are frequently challenged and can contain errors that invalidate the entire document.

    3. Not updating your Will after major life events. Marriage automatically revokes a Will, while divorce doesn't remove your ex-spouse as a beneficiary in all cases.

    4. Failing to include a residuary clause. Without one, any assets not specifically mentioned in your Will are distributed according to intestacy rules.

    5. Not considering tax implications. A poorly drafted Will can result in an unnecessarily large IHT bill for your beneficiaries.

    6. Choosing inappropriate executors. Your executor needs to be reliable, organised, and ideally younger than you. Appointing someone very elderly or unreliable can cause problems.

    7. Not making provisions for children under 18. Without guardianship provisions, the court decides who raises your children.

    8. Forgetting about joint assets. Property held as joint tenants passes automatically to the survivor, regardless of what your Will says.

    9. Not storing your Will safely. Your original Will needs to be kept in a secure location, and your executors need to know where it is.

    10. Not getting professional advice. At Castle Family Legal, we ensure your Will is properly drafted, legally valid, and tailored to your circumstances. Contact us today.

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