5 Common Mistakes People Make When Writing a Will

Creating a Last Will and Testament is the ultimate act of love and protection for your family. But making a legal plan is only half the battle; making sure it is done correctly is what actually keeps your family out of court.

When people try to save time by quickly scribbling their wishes on a piece of paper, or when they download a generic free form from the internet, they often make critical errors that render the document useless. A vague or incorrectly signed will can actually cause more family drama than having no will at all.

To ensure your life's work is protected and your final wishes are honored, here are the five most common mistakes people make when writing a will, and exactly how to avoid them.

1. Leaving money directly to a pet

People love their pets like children, but the law views animals as property. You cannot legally leave a bank account or $10,000 directly to "Max the Golden Retriever." If you do, a judge will void that instruction. Instead, you must leave the money to a trusted human caretaker, with specific instructions to use the funds for the pet's care.

2. Forgetting to name an alternate Executor

Your Executor is the person you put in charge of paying your final bills and distributing your assets. But what if you name your brother, and he passes away before you do, or simply refuses the job? If you don't name a "backup" (alternate) Executor, the court will have to appoint a stranger or a family member you wouldn't have chosen.

• Always name a primary Executor you trust with money.
• Always name a backup Executor in case the first is unavailable.
• Tell them you chose them so they aren't surprised by the responsibility.

3. Using vague or emotional language

Writing, "I leave my estate to my favorite people" or "I leave a fair amount to my sister" is a recipe for a massive family lawsuit. Who decides what is "fair"? You must use specific names, percentages, or exact dollar amounts. For example: "I leave 50% of my residuary estate to my sister, Jane Doe."

4. Hiding the printed document

The most perfectly drafted will in the world is completely useless if your family can't find it when you pass away. Many people lock their original, signed will in a bank safety deposit box. The problem? When you die, the bank seals the box, and your family has to get a court order just to open it to find the will! Keep your will in a fireproof safe at home, and tell your Executor exactly where it is.

5. Using a generic, non-state-specific form

Estate laws vary wildly from state to state. If you live in Florida but use a generic internet template based on New York law, a judge might throw it out. Our premium DIY templates automatically generate the exact legal phrasing and witnessing rules required by your specific state legislature, ensuring your document is bulletproof.