When it comes to writing a will, most people put it off far longer than they mean to. Life gets busy, the subject feels a bit morbid, and there’s a common assumption that a will is something you sort out “later.” The trouble is, later often arrives without warning. A will is one of the most important documents you’ll ever put your name to, and yet it’s also one of the documents people rush through, or worse, avoid altogether. This article looks honestly at the biggest mistakes people make when writing a will, why they happen, and how sound professional advice can help you avoid unnecessary stress, disputes, and heartache for the people you leave behind.
At Family Lawyers Glasgow, our Complete Clarity Solicitors Family Law Team sees the fallout from these mistakes more often than you’d think. A poorly drafted will, or no will at all, can turn a straightforward family situation into something painful and drawn out. The good news is that avoiding these common mistakes isn’t complicated once you know what to look for – and getting it right now can save your loved ones a great deal of difficulty later. If you’d like tailored advice on your own circumstances, our wills and probate team is only a phone call away.
Trying to Do It All Yourself With DIY Will Kits
DIY wills have become increasingly popular, largely because they seem cheap and quick. You buy a template online, fill in the blanks, and assume the job is done. In many cases, though, this is where problems start. DIY will kits often lack the necessary legal nuance to reflect your current circumstances properly, particularly if you own property, run a business, or have a blended family situation.
A template simply cannot account for the specifics of your life. It won’t ask the right questions about your estate, your family relationships, or how you actually want things divided. People assume that because a document looks official, it must be legally binding – but that’s not always the case. Small errors in wording, missed clauses, or ambiguous language can leave a will open to challenge, and in some cases, the whole document can be declared invalid.
This isn’t about scaring anyone away from putting pen to paper. It’s simply that a solicitor can help you say exactly what you mean, in language that holds up. Seeking professional advice at the outset tends to be far less costly, in every sense, than trying to fix problems after the fact.
Getting the Legal Requirements Wrong
For a will to be legally binding in Scotland, certain formalities must be followed, and it’s surprising how often people get this wrong. A will must be signed and witnessed correctly to be valid – this typically means the document must be signed in the presence of two independent witnesses, who must also sign to confirm they watched you do so. Miss this step, or get it slightly wrong, and the presence of two independent witnesses becomes meaningless.
We’ve come across situations where a family member acted as a witness despite also being named as a beneficiary, which can create real complications. Others have simply forgotten that the will must be signed and witnessed at the same time, in the same room, not signed quietly at home and posted off for signatures later. These might sound like small technicalities, but they carry real legal weight, and a mistake here can mean your estate will be distributed according to the rules of intestacy rather than your actual wishes.
Getting this right the first time takes very little effort with the correct guidance. It’s one of those pitfalls that’s easy to avoid and genuinely painful to unpick.
Choosing the Wrong Executor, or Forgetting to Appoint One
Your executor is the person responsible for carrying out your wishes after you’re gone – dealing with probate, settling debts, and making sure your estate reaches the right beneficiary or beneficiaries. Choosing the wrong person for this role, or failing to appoint anyone at all, is another common mistake people make when writing a will.
Some people appoint an executor out of obligation rather than suitability – an eldest child, say, simply because it “feels right,” without considering whether that person actually has the time, temperament, or willingness to manage the administration of your estate. Others name only one executor, with no backup named if that person predeceases them or is unable to act. It’s worth thinking practically here, not just sentimentally.
A solicitor can talk you through who might be well suited to the role, and in many cases will recommend appointing more than one executor, or a professional alongside a family member, particularly where the estate is more complex. This isn’t about taking control away from your family – it’s about ensuring your wishes are carried out smoothly, with less pressure placed on people who are already grieving.
Failing to Update Your Will After Major Life Events
A will isn’t something you write once and forget about. Life changes – sometimes gradually, sometimes suddenly – and failing to update your will to reflect those changes is one of the most common errors we see. The birth of a child, a marriage or civil partnership, a divorce, or the death of a beneficiary are all major life events that can dramatically affect how your estate should be divided.
This often comes as a surprise to people: an outdated will doesn’t just fail to reflect your current circumstances, it can actively work against your intentions. We’ve seen wills that still name an ex-partner as the main beneficiary years after separation, simply because nobody thought to revisit the document. For most people, this isn’t deliberate neglect – it’s just that life moves faster than paperwork, and updating a will rarely feels urgent until it suddenly is.
As a general rule, it’s worth reviewing your will every few years, or immediately after any major life event. It doesn’t need to be a lengthy process. A short conversation with your solicitor can confirm whether your will still aligns with your wishes, or whether amendments are needed.
Being Unclear About Who Gets What
Vague or ambiguous wording is a surprisingly frequent source of disputes among beneficiaries. Phrases like “my belongings to be shared fairly” might feel generous and simple when you write them, but they leave enormous room for interpretation – and interpretation is exactly where family disagreements tend to begin.
Another common mistake is forgetting about digital assets entirely. Online accounts, from banking apps to social media and cryptocurrency, are rarely mentioned in older wills, largely because they didn’t exist when many templates were written. If you want specific items, sums, or accounts to go to a specific beneficiary, say so clearly. Vagueness might seem harmless at the time, but it’s often the root cause of legal battles further down the line, long after you’re no longer here to clarify what you meant.
Clear, specific language is one of the simplest ways to avoid disputes and protect your assets from becoming a source of conflict. A solicitor’s role here isn’t to complicate your wishes – it’s to translate them into wording that leaves no room for doubt.
Overlooking Inheritance Tax and Wider Estate Planning
Many people think of a will purely as a distribution document, without considering how it fits into a broader estate plan. This is where inheritance tax often gets overlooked. Depending on the size and nature of your estate, there may be a more tax-efficient way to structure your affairs, whether through trusts, lifetime gifts, or careful planning around your family home.
This isn’t relevant to everyone, and we’d never suggest overcomplicating a straightforward estate. But for those with property, savings, and other assets, a conversation about inheritance tax at the same time as writing your will can make a genuine difference to what your beneficiaries eventually receive. It’s a conversation worth having early, rather than after decisions have already been locked in.
Forgetting About Power of Attorney
A will deals with what happens after you die – but it says nothing about decisions made while you’re still alive but unable to make them yourself. This is where power of attorney comes in, and it’s a document people frequently overlook when they’re focused on writing a will. Without one in place, your family may struggle to make medical decisions or manage your finances if you become unwell or lose capacity, even temporarily.
Putting a power of attorney in place alongside your will gives everyone involved real peace of mind, knowing that someone you trust is legally able to step in and act on your behalf if needed. It’s a natural companion to your will, not an unnecessary extra.
Speak to Someone Who Can Help
Writing a will doesn’t need to be complicated, and avoiding these common mistakes is far easier with the right support behind you. Whether you’re starting from scratch, updating an old will, or simply want reassurance that your current arrangements still reflect your wishes, our wills and probate team at Family Lawyers Glasgow is here to help. Getting professional advice now is one of the most effective ways to secure your legacy, protect your family from unnecessary stress, and ensure your estate is handled exactly as you intend. Get in touch with the Complete Clarity Solicitors Family Law Team today for a conversation – no pressure, just clear, honest guidance from people who understand how much this matters.
