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The Biggest Mistakes When Drafting a Will
Last Updated on May 6, 2026 by tanya
The Biggest Mistakes When Drafting a Will
About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.
Written by Tanya Waterworth, Digital Content Writer
Common Probate Disputes Among Families
Drafting a will is an important legal step for anyone, so here are some of the biggest mistakes when drafting a will. Unfortunately, many people in England and Wales can make critical mistakes when writing a will, such as updating their will after major life changes or appointing the wrong executor. Even small errors may potentially invalidate a will which may include proper witnessing when a will is signed. Therefore, it’s useful to understand common pitfalls when drafting your will which we have listed below as an easy guide.
However, if you find you are involved in a will dispute, we partner with a panel of probate solicitors who are experienced in contentious probate claims who offer a free consultation.
Getting the Legal Formalities Wrong
One of the most serious mistakes is failing to comply with the strict legal requirements for a valid will under the Wills Act 1837.
In England and Wales, a will must:
- Be in writing
- Be signed by the testator
- Be signed in the presence of two witnesses, present at the same time
- Be witnessed by people who are not beneficiaries
DIY wills and handwritten documents can often fail at this stage.
Why this causes disputes
If a will is not validly executed, it may be rejected entirely. This often results in the estate being distributed under intestacy rules, even if that outcome directly contradicts the deceased’s wishes. Disputes quickly arise between family members over which document should apply. This may lead to a contentious probate claim.
Relying on DIY or Online Will Templates
Online will templates can appear quick and cost-effective. However, they rarely account for complex family arrangements, property ownership, business interests, or tax implications.
Common issues include:
- Ambiguous wording
- Missing substitute beneficiaries
- Poorly drafted executor clauses
- No consideration of trusts or inheritance tax
Why this causes disputes
Vague or poorly drafted clauses leave room for interpretation. Beneficiaries may argue over what the testator “really meant,” forcing courts to step in.
Failing to Update a Will After Major Life Changes
A will should be reviewed regularly, yet many people never update theirs after major life events such as:
- Marriage or civil partnership
- Divorce or separation
- Birth of children or grandchildren
- Buying or selling property
- Death of a beneficiary
Marriage automatically revokes an existing will unless it was made in contemplation of marriage – a detail many people are not aware of.
Why this causes disputes
Outdated wills often exclude people the testator intended to benefit or include people they no longer wished to provide for. This frequently results in legal challenges, particularly from spouses, former spouses, or children who feel unfairly treated.
Failing to Make Reasonable Provision for Family and Dependants
A will does not give absolute freedom to disinherit close family members. Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals can challenge a will if it does not make reasonable financial provision.
This commonly affects:
- Spouses and civil partners
- Former spouses
- Children (including adult children)
- Financial dependants
Why this causes disputes
Inheritance Act claims are one of the most common reasons wills are contested. Even a technically valid will can be overridden by the court, resulting in a redistribution of the estate and significant delays. Proper drafting and advice can often prevent these claims entirely.
Appointing the Wrong Executors
Executors control the administration of the estate, yet many people appoint executors without fully considering the consequences.
Problems arise when executors:
- Have conflicts of interest
- Lack experience or capacity
- Are already in conflict with beneficiaries
- Live abroad or are difficult to contact
Why this causes disputes
Poor executor appointments may lead to delays, allegations of mismanagement, and formal complaints.
Unclear or Ambiguous Gifts
A will must clearly identify who receives what. Vague wording such as “my savings,” “my personal belongings,” or “my children” can cause serious issues among family members, particularly where assets or family structures have changed over time.
Ambiguity also arises where:
- Beneficiaries have similar names
- Assets no longer exist at death
- Replacement gifts are not specified
Why this causes disputes
Unclear gifts are a common cause for will disputes. Beneficiaries may claim the same asset or argue over its meaning, which requires legal interpretation.
Ignoring Mental Capacity and Undue Influence Risks
Where a will is made later in life or during illness, capacity should be carefully considered. Failing to do so is a major risk.
Red flags include:
- Sudden changes to previous wills
- Heavy involvement by a beneficiary
- No medical assessment of capacity
Why this causes disputes
Challenges based on lack of capacity or undue influence are complex and highly contentious. If successful, the will may be declared invalid. These claims often involve medical evidence, witness statements, and negotiation or court proceedings.
Poor Will Storage and Record Keeping
A surprising number of disputes arise because the original will cannot be found, or because no one knows where it is stored.
Why this causes disputes
What To Do Next If There’s a Will Dispute
It’s essential to seek legal advice as early as possible as strict deadlines can apply in contentious probate claims.
Our panel of experienced probate law firms can guide you through the process.
Call us today at 0333 358 2345 or contact us online and we’ll call you back.
This post gives general information, not legal advice. For specific legal guidance about your specific situation, speak to a personal injury solicitor.