The mistakes that most often undo a Wyoming will are execution errors: fewer than two competent witnesses, an interested witness whose gift is voided because no second disinterested witness signed, or a handwritten will that is not entirely in the testator's own hand. Wyoming's execution rule under W.S. 2-6-112 sets the baseline, found in Title 2 of the Wyoming Statutes, and DIY drafters most often miss it there.
A DIY will works in Wyoming when it is executed to the letter of the statute. The mistakes below are the ones that most often show up in a Wyoming probate proceeding, and each is avoidable if you know the rule before you sign. FastWill's will package is built around Wyoming's witnessing and execution requirements.
Key Takeaways
- Wyoming requires two competent witnesses who sign in the testator's presence.
- A wholly handwritten and signed holographic will is valid without witnesses under Wyoming's holographic will statute.
- An interested witness does not invalidate the will, but their own gift can be voided unless two disinterested witnesses also signed.
- Failing to update a will after marriage, divorce, or a new child is a recurring source of Wyoming probate disputes.
What witness mistakes invalidate a Wyoming will?
Wyoming's will statute requires a will to be in writing, signed by the testator or by someone else in the testator's presence and at the testator's express direction, and witnessed by at least two competent witnesses who sign in the testator's presence. Wyoming allows witnesses to appear remotely by audio-video technology as long as they can see and hear the testator in real time and confirm the signing is voluntary, but that remote option has its own procedural steps that must be followed exactly. The recurring mistake is having only one witness, or a witness who signs later without a valid remote connection to the signing.
What happens when a witness is also a beneficiary?
Wyoming does not automatically void a will because a witness also inherits under it, but the gift to that interested witness can be voided unless there are two other witnesses who have no interest in the estate. If an interested witness is also an heir, they may still take up to what they would have received under Wyoming's intestacy rules. Use disinterested witnesses whenever possible to avoid this complication entirely.
Can a handwritten will go wrong in Wyoming?
Wyoming recognizes holographic wills: a will that does not meet the standard witnessing requirements is still valid, without witnesses, if it is entirely in the testator's handwriting and signed by the testator's own hand. The mistake happens when someone types most of the document and only handwrites a signature or a few lines, assuming that is enough. It is not; as the Cornell Legal Information Institute explains, holographic-will statutes generally require the material provisions to be handwritten, not just the signature, or the standard two-witness rule applies instead.
What ambiguous or contradictory bequests cause disputes?
Vague language such as my ranch to my children without specifying shares, or clauses that contradict each other about who receives a specific asset, forces a Wyoming court to interpret intent rather than follow your instructions. Name beneficiaries and property specifically, and reread the whole will once more before signing to catch contradictions.
Why does a missing residuary clause matter?
A residuary clause covers anything not specifically listed, an account opened after signing, property acquired later, or something simply overlooked. Without one, that property passes under Wyoming's intestacy statute instead of your will, even though the rest of the document is otherwise valid.
What amendment and revocation mistakes should you avoid?
Writing a change directly onto an existing will does not amend it under Wyoming law unless the whole altered document is itself wholly handwritten and re-signed as a new holographic will. A typed will needs a new will or a properly executed codicil, signed and witnessed the same way as the original. Revocation requires a subsequent will, a written revocation, or physical destruction with intent to revoke; telling family you want it cancelled does not revoke a Wyoming will.
Should you skip the self-proving affidavit?
Wyoming allows a will to be made self-proved through acknowledgment by the testator and affidavits of the witnesses before an officer authorized to administer oaths, and a self-proven will is accepted by the court without requiring the witnesses to testify. Skipping this step does not invalidate the will, but it creates extra work for your executor if a witness later moves away or dies. Add the affidavit at signing.
What DIY-form errors show up most often?
Using an outdated template, leaving blank fields instead of marking them not applicable, and failing to name a backup executor are the errors that recur most in Wyoming DIY wills. Read every field before signing and confirm the template reflects Wyoming's witnessing and holographic-will rules correctly.
Why do wills go stale after a life change?
A will drafted before a marriage, divorce, or the birth of a child often no longer reflects your wishes, and Wyoming has specific rules about how these events affect prior bequests. Review your will after every major life event instead of assuming it still says what you want.
Related Wyoming estate planning guides
These mistakes are one part of a full Wyoming plan. See the Wyoming estate planning overview, the step-by-step guide to making a will in Wyoming, what happens if you skip a will under Wyoming's intestacy rules, and when a Wyoming living trust makes sense alongside a will. For the same errors nationwide, see common will mistakes and how to avoid them.
Once you understand these pitfalls, you can create your will with FastWill and avoid them from the start.
Frequently Asked Questions
Does Wyoming recognize handwritten wills?
Yes, if the will is entirely in the testator's handwriting and signed by the testator, it is valid without witnesses as a holographic will.
How many witnesses does a Wyoming will need?
Two competent witnesses who sign in the testator's presence, unless the will qualifies as a wholly handwritten holographic will.
Does a Wyoming will need to be notarized?
No. Notarization is only required for the optional self-proving affidavit, not for the will itself to be valid.
What happens if my Wyoming will has no residuary clause?
Any property not specifically listed passes under Wyoming's intestacy statute instead of your will.
Get your Wyoming will right the first time
A DIY will works in Wyoming when the witnessing rules are followed exactly. FastWill's will package is structured around Wyoming's requirements so you do not guess at witnessing, holographic-will rules, or the self-proving affidavit.
