Writing a will seems straightforward: decide who gets what, sign it, done. But the reality is that 38% of wills contain errors that can cause significant problems.
Here are the 10 most common mistakes and how to avoid them.
Not updating after major life events
You write a will when you get married, then never look at it again. Meanwhile, you have kids, buy property, get divorced, remarry...
"I did my will 15 years ago. I'm sure it's still fine."
Forgetting digital assets
Most wills written 10+ years ago don't mention cryptocurrency, online businesses, social media accounts, digital photos, or cloud storage.
"My Bitcoin wallet? That wasn't even mentioned in my will."
Using vague or ambiguous language
"My children should share my assets fairly." What does "fairly" mean? Equal amounts? Based on need? Your definition might not match theirs.
"I left everything to be divided 'appropriately' between my kids."
Not considering tax implications
Your estate might be subject to inheritance tax, capital gains tax, or other levies that significantly reduce what your beneficiaries actually receive.
"I didn't realize my kids would have to sell the house just to pay the tax bill."
Choosing the wrong executor
Your executor needs to be organized, trustworthy, and capable of handling paperwork and potential family conflicts. Your oldest child might not be the best choice.
"I named my brother as executor, but he lives overseas and has no idea how to handle this."
Failing to account for all assets
You list your house and bank accounts but forget about your superannuation, life insurance, business interests, or jointly owned property.
"The super went to my first wife by default because I never updated the beneficiary form."
Not signing it properly
Every jurisdiction has specific requirements for signatures and witnesses. Missing one step can invalidate the entire document.
"My witnesses weren't in the same room at the same time. The will was thrown out."
Leaving out guardianship wishes
If you have minor children, not naming a guardian means the court will decide who raises them. Family court battles over children are devastating.
"We assumed my parents would take the kids. They're 75 and weren't legally named."
Making unrealistic or controlling conditions
Conditions like "my son inherits only if he divorces his wife" or "my daughter gets money only if she graduates from medical school" can be challenged and void the gift.
"I tried to control my kids' lives from beyond the grave. The conditions were deemed unenforceable."
Not telling anyone where it is
You've written the perfect will and stored it safely. So safely that no one can find it after you're gone.
"We searched for months. Eventually we found it in a safety deposit box we didn't know existed."
Avoid these mistakes from the start
A well-written will protects your family and ensures your wishes are carried out exactly as you intended.
Start Your Will Checklist →Sources
- Australian Law Reform Commission — Wills and Estates Research
- State Trustees Victoria — Common Will Errors
- NSW Trustee & Guardian — Will Validity Requirements
- Which? UK — Will Writing Mistakes Survey