Common DIY Will Mistakes and How to Avoid Them
The biggest risk with a DIY will isn’t that you’ll choose the wrong software, but that a simple mistake will render the document invalid or create unintended consequences for your loved ones. Being aware of these common pitfalls is the best way to avoid them.
Mistake 1: Improper Execution
This is the number one killer of DIY wills. “Execution” refers to the formal process of signing and witnessing the document. Every state has strict, non-negotiable rules.
- The Mistake: Using the wrong number of witnesses, having a beneficiary act as a witness, or having the witnesses sign at a different time or place than the testator. For example, John asks his two children, who are his sole beneficiaries, to witness his will. In many states, this could void their inheritance or invalidate the entire will.
- How to Avoid It: Read your state’s requirements carefully. A general rule of thumb is to use two “disinterested” witnesses—meaning people who will not inherit anything from your will and are not related to you. Neighbors or colleagues are often good choices. Everyone (you and all witnesses) should be in the same room and watch each other sign.
Mistake 2: Vague or Ambiguous Language
A computer program cannot understand your family’s nicknames or the sentimental value of an item. It relies on precise input, and vague language can lead to chaos.
- The Mistake: Leaving “my jewelry to my niece, Jane.” What if you have two nieces named Jane? What if you meant a specific watch, but your will just says “jewelry”? Or leaving “my car to my son” when you own two cars. This ambiguity forces a court to guess your intent, which can lead to family fights.
- How to Avoid It: Be obsessively specific. Use full legal names and relationships (e.g., “my niece, Jane A. Smith, daughter of my sister, Mary Smith”). Clearly describe important items (“my 2021 Toyota RAV4, VIN 12345…”). For personal property, you can often reference a separate, signed memorandum if your state law allows it.
Mistake 3: Not Accounting for All Your Assets
Many people mistakenly believe their will controls the distribution of everything they own. This is not true. Certain major assets pass to heirs outside of the will.
- The Mistake: The most common examples are life insurance policies and retirement accounts like 401(k)s and IRAs. These assets are distributed directly to the person you named on the account’s beneficiary designation form. That form *overrides* whatever your will says. If your will leaves everything to your spouse, but your old 401(k) from a previous job still lists your ex-spouse as the beneficiary, your ex-spouse will get the money.
- How to Avoid It: Make a list of all your assets. For any account with a beneficiary designation, log in or call the provider to confirm who is listed. Ensure these designations are up-to-date and align with your overall estate plan.
Mistake 4: Failing to Plan for Contingencies
Life is unpredictable. A solid will should be a roadmap that accounts for potential detours.
- The Mistake: Naming an executor but not a backup. What if your chosen executor is unable or unwilling to serve when the time comes? Or leaving all your property to a single person, like your sister, without naming an alternate beneficiary. If she were to pass away before you, your estate could end up being distributed according to intestacy laws.
- How to Avoid It: Always name alternates. Name a successor executor. For every bequest, specify what should happen if the beneficiary predeceases you. For example, “I leave my home to my son, Robert. If he does not survive me, I leave my home to my daughter, Susan.”
Mistake 5: The “Set It and Forget It” Mindset
Your will is not a static document. It’s a snapshot of your life at the time it was created. As your life changes, your will can become outdated and problematic.
- The Mistake: Creating a will when you’re 35 and single, then getting married, having children, and getting divorced without ever updating it. A divorce may invalidate bequests to an ex-spouse in some states, but marriage or the birth of a child can give them rights you didn’t account for in the old will.
- How to Avoid It: Set a calendar reminder to review your will and your entire estate plan every 3 to 5 years. More importantly, review it immediately after any major life event: marriage, divorce, the birth or adoption of a child, the death of a named executor or beneficiary, or a significant change in your financial situation.
