The most common will mistakes are failing to sign and witness the document correctly, relying on a handwritten will, never updating it after a major life change, listing funeral wishes only in the will, and leaving out digital assets and passwords. Each of these can render a will invalid or leave your loved ones without clear instructions.
Getting the details right matters more than most people expect, since even a well-intentioned will can be thrown out over a technical defect. FastWill's will package is built to catch these issues before you sign.
Mistake 1: Improper Signing and Witnessing
Every state has its own execution requirements, and this is the single most common reason a will is declared invalid. In Florida, Florida Statute section 732.502 requires two witnesses to sign a statement that they watched the testator sign, or that the testator told them they had already signed. In New York, EPTL section 3-2.1 requires at least two witnesses to attest the signature within the same 30 day period. Using an outdated template found online, without checking your specific state's rule, is how people get this wrong. Imagine a testator who signs a will alone at their kitchen table, then has a neighbor sign it a week later after the fact. In a state that requires both witnesses present at the same time, that will can be thrown out entirely, and the estate can end up passing under intestate succession as if no will existed at all.
Mistake 2: Relying on a Handwritten Will
Some states allow a fully handwritten, or holographic, will, while others do not recognize one at all. Even in states that permit them, unclear handwriting or informal crossed-out edits routinely lead to expensive court disputes over what the person actually meant. See our full breakdown in beware of the handwritten will.
Mistake 3: Not Updating the Will After a Life Event
A will made years ago does not automatically reflect a marriage, divorce, new child, or a move to a new state. Some of these events change your will's effect automatically under state law, while others do not, so treating your will as a one-time task instead of a living document is a common and avoidable mistake. Review it after any major life change, and roughly every five years even without one.
Consider a parent who wrote a will naming their spouse as sole beneficiary, then divorced and remarried years later without ever updating it. Many states automatically revoke gifts to a former spouse after divorce, but not all of them do, and a will left untouched after a remarriage can leave stepchildren, a new spouse, or a first family in a fight nobody intended to create. A related mistake is assuming a will alone can fully cut out a spouse. Most states protect a surviving spouse through an elective share, a statutory right to claim a portion of the estate regardless of what the will says. Florida, for example, recognizes this right under Florida Statute section 732.201. Trying to disinherit a spouse without a valid prenuptial or postnuptial agreement waiving that right is a mistake that a will alone usually cannot fix.
Mistake 4: Only Stating Funeral Wishes in the Will
A will is typically not read until weeks after a funeral, so if your burial or cremation preferences exist only in the will, it may be too late for your family to follow them. Put those wishes in a separate letter your family can find right away, in addition to anything you include in the will itself.
Mistake 5: Leaving Out Digital Assets
Online accounts, cryptocurrency, and other digital property are governed by terms-of-service agreements rather than ordinary property law, which creates real gaps if they are left out of your estate plan. According to Nolo's overview of the Revised Uniform Fiduciary Access to Digital Assets Act, most states have adopted some version of this law, which allows you to name a digital executor and leave instructions for handling these accounts, so naming one in your will closes that gap. Without it, families are often stuck emailing customer support departments and mailing death certificates just to close an account or recover family photos stored in the cloud.
How an Online Will Builder Helps You Avoid These Mistakes
A platform like FastWill walks you through your own state's signing and witnessing rules step by step instead of leaving you to guess from a generic template, prompts you to name a digital executor, and reminds you to revisit your documents after a major life change. If you have not started a will yet, our frequently asked questions about wills guide is a good place to begin, and our piece on the consequences of dying without a will covers what happens when none of this gets fixed in time.
Frequently Asked Questions
Why is improper witnessing such a common problem?
Witnessing requirements vary by state and are easy to get wrong when people use outdated or out-of-state templates instead of following their own state's exact signing rules.
Is a handwritten will ever a safe choice?
Generally not. Even in states that allow holographic wills, unclear handwriting and informal edits are a common source of disputes, so a typed and properly witnessed will is the safer route.
How often should I update my will?
Review it after any major life event, such as marriage, divorce, a new child, or a move to a new state, and at minimum every few years even without one.
Should my funeral wishes go in my will?
You can include them, but also put them in a separate letter or instructions your family can find immediately, since your will is often not read until after the funeral.
What happens to my digital accounts if I do not plan for them?
They typically stay active, continue billing, or become vulnerable to hackers, since your family has no legal authority to access or close them without a named digital executor and instructions.
Avoid These Mistakes From the Start
Each of these mistakes is preventable with the right process. Build a properly executed will with FastWill and follow your state's requirements instead of guessing at them.
