10 Insane Mistakes in Wills That will Challenge Your Estate

Ever wondered why so many Wills end up in court? You might be surprised to know that even small mistakes can spark big family disputes. In this post, I’ll walk you through the most common (and costly) Will mistakes people make and how you can avoid them so your estate stays protected and your loved ones stay united.

                  When it comes to Wills and Estates, I’ve seen it all—families torn apart, years of fighting, and money lost simply because of one simple mistake in a will. Most people think their Will is “simple,” but in reality, small errors can open the door for conflict.

                  Let’s go through the 10 most common will mistakes that could cause major problems after you’re gone.

1. DIY wills without legal advice.
   It might save you money now, but it often costs your loved ones thousands later. Wills written without legal guidance can be unclear or invalid. The mistake only becomes evident after you have already passed away. Most laypersons don’t know what they don’t know, so can’t be sure if they are going the right thing or not.

2. Not updating your will.
   Life changes—marriage, divorce, children, new assets. If your Will doesn’t reflect your current situation, it can easily be challenged, which will cost your family a lot in legal fees and stress.

3. Leaving someone out without explanation.
   Disinheriting a family member (especially a child or partner) without saying why often leads to disputes. A simple note of reasons can save a lot of trouble.

4. Not signing the will correctly.
   A Will must follow strict signing and witnessing rules. One missing signature or incorrect witness can void the entire document. Again a lay person will likely not know if the document has not been properly executed.

5. Poor wording.
   Legal terms matter. Ambiguous wording—like “my property” instead of specifying the address—can create confusion and arguments. You need to be specific about what you mean.

6. Ignoring superannuation and joint assets.
   Your super or jointly owned assets may not automatically form part of your estate. Many people forget this, leading to fights over who gets what. Or that someone receives more than you anticipated or wanted.

7. Relying too much on verbal promises.
   “Mum said this was mine” doesn’t hold up in court. Everything needs to be properly written and signed. In fact, saying one thing and writing down another in your Will most often leads to challenges. Even something said in jest can be taken out of context and cause disputes later on.

8. Appointing the wrong executor.
   An executor who is unorganised, biased, or doesn’t get along with family can make things worse. Choose someone you trust and who can handle the responsibility. They are in charge of your money and can cause untold damage, particularly if they act in their own self-interest.

9. Not thinking about blended families.
   Second marriages and stepchildren make things more complex. Without clear planning, people can easily be left out or unfairly treated. Find out when you are liable to provide for stepchildren or not. Or how about when your new partner treats your children unfairly, you may think that they would never do it, but there is a whole sub-industry of lawyers making a lot of money because someone had their head in the sand about how their new partner would treat their kids.

10. Failing to talk to your family.
    Silence breeds suspicion. Honest conversations about your wishes now can prevent years of hurt later. Better still, write it all down and make the information available to everyone though our Digital Vault, where you can distribute this information after your passing to those of your choosing, so that everyone is on the same page.

                  As a lawyer who’s handled countless will disputes, I can tell you—most of these conflicts could have been avoided with the right advice and planning. Estate planning isn’t just about dividing assets. It’s about protecting your legacy, keeping your loved ones from fighting, and making sure your wishes are honoured exactly as you intended.

The best way to avoid family conflict later is to plan clearly now.

I can help you prepare a will that stands the test of time—and emotion.

If you’re ready to get started, contact us at HazeLegal today.