Writing a Will? Avoid These Common Mistakes

Writing a will isn’t always at the top of people’s to-do list. The process can feel uncomfortable and even overwhelming, but creating a will is one of the most important steps you can take to protect the people you care about and ensure your wishes are carried out. 

Whether you’ve been putting it off or aren’t sure where to start, you’re not alone — and you’re not the only one concerned about making mistakes in wills. To provide for the people you love, protect your assets and prevent family conflicts, you should know how to avoid the seven most common mistakes people make when creating a will. 

Why Do I Need a Will?

While 77% of Americans plan to leave a financial inheritance for their children or grandchildren, only 32% have a will, according to a recent study. This gap highlights a critical issue: Without a will, there’s no clear legal road map for how your assets should be distributed after you pass away. 

“A will answers the question, ‘When I die, where does my stuff go?’” explains elder law attorney Ben Neiburger, owner of Generation Law in Elmhurst, Illinois. “If you don’t have one, someone else is going to make that decision for you.” 

Mistakes in Wills That Cost Time and Money

A poorly written or invalid will can cause legal delays and unintended consequences for the people you care about. That’s why you should avoid the following common pitfalls in will writing. 

Mistake No. 1: Planning Only for Death, Not Life

Advance directives are written, legally binding instructions designed to guide caregivers if you can’t communicate your own health care wishes. Despite their importance, only one-third of Americans have any type of advance directive for end-of-life care. This can leave your family and medical professionals unsure of how to proceed if you’re ever incapacitated and critical health-related decisions come up. 

An advance directive involves the following key components to ensure your preferences are respected: 

• A health care power of attorney: This designates an individual who is legally authorized to make medical decisions on your behalf if you are unable to do so.

• A financial power of attorney: This person manages your financial affairs if you can’t.

• A living will: This document outlines which medical treatments you do and don’t want to receive in situations where you can’t speak for yourself. 

• Other medical orders: Consider whether or not to sign specific medical orders, such as a do not resuscitate or do not intubate order. 

Mistake No. 2: Ignoring Beneficiaries

It’s a common misconception that a will dictates every detail of how your assets will be distributed. In reality, certain types of accounts and policies — including retirement plans, life insurance, bank and brokerage accounts, and real estate holdings — are controlled by beneficiary designations. 

These legally binding designations take precedence over everything written in your will. “If you want to leave everything to your new girlfriend, but your kids are named as beneficiaries on all your accounts, the will doesn’t mean anything,” Neiburger explains.

Regularly review and update your beneficiary designations, especially after major life events, such as marriage, divorce, the birth of a child or the death of someone you love. By keeping these records accurate and aligned with your estate plan, you can prevent disputes and unintended outcomes down the line. 

Mistake No. 3: Not Accounting for Local Estate Laws

Writing a will isn’t one-size-fits-all because estate laws vary widely by state. What’s legal and enforceable in one state may not hold up in another, an important factor if you’ve moved across state lines since drafting your will. 

For instance, states popular with retirees, such as Florida and Arizona, have introduced updated legislation regarding estate laws:

• Digital and electronic wills: In Arizona and Florida, electronic wills are now recognized as long as they conform to specific conditions. 

• Spousal rights: Florida recently enacted new legislation surrounding property rights for surviving spouses.

• Probate thresholds and rules: Some states have established simplified probate for smaller estates, while others have stricter requirements. 

If you’ve relocated to a new state, it’s essential to understand when and if you legally qualify for residency. If you don’t properly update your will after becoming a resident of a new state, your estate could face unexpected complications or even challenges from unhappy family members. 

Mistake No. 4: “Burying” Your Burial Wishes

While it may seem logical to put your funeral instructions or burial wishes in your will, it can be a mistake. Why? Because wills typically aren’t read until weeks after the funeral. This delay may leave the people you love scrambling to make decisions without knowing what you wanted.

To avoid this, communicate your burial wishes directly to your family now through a letter or verbal instructions. Some people even choose to work with a funeral home in advance to preplan and pay for arrangements to relieve the burden on their family members. 

Mistake No. 5: Neglecting Charitable Giving

When you’re writing a will, don’t overlook the powerful role charitable giving can play. It isn’t just a way to support meaningful causes; it’s also a smart financial strategy to benefit your legacy and the ones you love by easing the tax burden on your estate and your heirs. 

Consider the following charitable giving strategies as you structure your will:

• Qualified charitable distributions allow anyone 70½ or older to transfer up to $100,000 tax-free from an individual retirement account to a charity each year. 

• A charitable remainder trust enables you to pay income to heirs for a designated amount of time, with the remainder going to charity. This strategy combines income generation, tax deferral and philanthropy.

The key is to work with an estate planning professional or financial adviser who can help you structure charitable gifts in a way that maximizes their impact. 

Mistake No. 6: Forgetting About Fido

When focusing on your estate property and finances, it’s easy to overlook one very important member of the family: your beloved pet. Animals can be left in limbo after their owners pass away, so take proactive steps to ensure your furry, feathered or scaled friend is cared for. 

Make arrangements in advance with a trusted friend or family member who agrees to take in your pet. This arrangement should be clear and mutually understood — don’t assume anything about the other person’s ability or willingness to welcome Fido into their home. Have the conversation, and put the plan in writing as part of your estate documents.

If you can’t find a caretaker, you may be able to arrange an adoption with an animal sanctuary in exchange for a donation from your estate. You can also consider creating a pet trust, which sets aside funds for your pet’s care and designates a trustee to handle those funds.

Mistake No. 7: Bequeathing Only Physical Assets

When most people think of estate planning, they focus on physical assets, such as a car, jewelry and property. But in today’s digital world, overlooking online assets is a common blunder that can lead to confusion, data loss and even fraud.  

If you maintain a life online, it’s important to bequeath your digital information and property in your will. Digital assets are more than just online bank accounts. Don’t forget your social media profiles, email accounts, cryptocurrency wallets, cloud storage, credit card logins, online business, photo archives and more. These may not be physical possessions, but they can hold sentimental and monetary value. 

Strengthen Your Estate Planning with a Move to Senior Living

Relocating to a Life Plan Community, a type of senior living community that provides a continuum of care as you age, is more than just a lifestyle change. This proactive decision can provide structure, clarity and easier access to estate planning resources to help you avoid making mistakes in wills. 

When you choose to move to a Life Plan Community, it can:

• Prompt a reassessment of your finances, health care needs and living arrangements, which is a perfect time to update your will, power of attorney and advanced planning directives. 

• Encourage family conversations about the future and provide an opening to clarify your wishes to ensure everyone is on the same page. 

• Streamline your estate thanks to rightsizing — keeping what matters most and letting go of the excess — which makes your estate easier for your family to manage. 

Writing a Will and More: Planning for Yourself and Your Family

Proactive estate and financial planning aren’t just about distributing assets; they’re also about creating long-term peace of mind for yourself and the people you love. A thoughtfully crafted plan will ensure your voice is heard even when you can’t speak for yourself, and it protects important relationships by preventing family conflicts and unnecessary legal fees. 

The most important step in this process is to contact a certified financial planner and estate planning attorney to make sure your will and other documents are sound. 

Download our Complete Guide to the Costs of Senior Living to learn how your future housing and care plans can work together to support your long-term goals.