The most common will mistakes include putting only funeral wishes in the will instead of a separate letter, forgetting backup executors and guardians, skipping the residuary estate clause, and never updating the document after a marriage, divorce, or new child. Each one is easy to avoid once you know to look for it.
Drafting a will on your own can feel intimidating, which is exactly why so many people put it off entirely. The good news is that most will mistakes fall into a small, predictable set of categories. Here are eight of the most common ones, along with how to avoid each. FastWill's will package is built to catch these issues automatically as you draft.
Mistake 1: Putting Funeral Wishes Only in the Will
Families are usually overwhelmed making funeral arrangements in the days immediately after a death, and they often do not read the will until weeks later, after the funeral has already taken place. If you have specific wishes about burial, cremation, or a memorial service, it is fine to include them in your will, but do not rely on the will alone. Leave a separate letter with someone you trust so those wishes are seen in time to matter.
Mistake 2: Not Planning for Other Unexpected Deaths
Naming an executor, a guardian, and beneficiaries is not enough if any of those people could pass away before you do. Name a backup for each role. It may feel uncomfortable to think through, but a plan without a backup plan leaves a gap exactly where you need certainty most.
Mistake 3: Never Asking People If They Are Willing to Serve
It is easy to name a sibling as guardian or a friend as executor without ever discussing it with them. That person may not be prepared for the responsibility, and finding out only after your death is unfair to everyone involved. Have the conversation directly with anyone you plan to name in a key role.
Mistake 4: Forgetting the Residuary Estate Clause
Your residuary estate is whatever is left after your specific bequests, debts, taxes, and expenses are paid. Say you leave a 500,000 dollar estate, and 100,000 dollars goes toward debts and expenses, leaving 400,000 dollars. Without a residuary clause stating who receives that remainder, whether it is a specific person or a charity, that portion can end up distributed by state default rules instead of your own wishes. Always include a clause addressing the residuary estate, even if you think you have accounted for everything else.
Mistake 5: Forgetting Intangible Assets
People often list a house, a car, and personal belongings, then forget cryptocurrency, NFTs, and social media or cloud storage accounts that hold meaningful photos or data. Look carefully at your bank and investment accounts too, since some pass through the will and others pass through a named beneficiary instead. If digital assets matter to you, consider naming a specific digital executor to handle them according to your instructions.
Mistake 6: Never Updating the Will
Actor Heath Ledger's will did not include his daughter, since it was drafted years before she was born and he never updated it. This is one of the most common and most avoidable mistakes. Update your will after a marriage, divorce, birth, adoption, relocation, inheritance, or promotion. Set a recurring reminder to review it at least once a year, and use an online platform that makes revisions simple rather than requiring a new attorney appointment each time. If you have recently divorced, our guide on writing a new will after divorce covers exactly what to revisit first.
Mistake 7: Botching the Execution of the Will
Wills are frequently invalidated not because of what they say, but because of how they were signed. Requirements vary by state but generally include the testator's signature plus two qualified witnesses. If a witness was not legally eligible to serve, or the signing did not follow your state's formalities, the entire will can be thrown out, treating you as if you died intestate under the rules of intestate succession. This is precisely the outcome a will is supposed to prevent, so follow your state's execution rules exactly.
Mistake 8: Choosing an Executor Who Is Not Up to the Job
Many people default to naming a spouse or oldest child as executor without considering whether that person is organized, reliable, and good with financial detail. Tobacco heiress Doris Duke named her butler as executor and trustee of her charitable foundation, a decision that led to years of litigation after he mismanaged funds and was eventually removed by a New York probate court. Choose someone capable of the job, not just someone close to you, and name a backup in case your first choice cannot serve.
How FastWill Helps You Avoid These Mistakes
FastWill's platform prompts you for backup executors and guardians, includes a residuary estate clause automatically, walks through digital assets specifically, and applies your state's exact signing and witnessing requirements so the execution step cannot be botched. You can also update your will any time your life changes, which removes the excuse behind mistake six entirely. For a broader list of pitfalls beyond these eight, see our guide on common will mistakes and how to avoid them. If your existing will only needs a targeted fix rather than a full rewrite, see our guide on modifying a will without a lawyer.
Frequently Asked Questions
What is a residuary estate clause and why does it matter?
It directs who receives whatever remains after your specific bequests, debts, and expenses are paid. Without it, that remainder can be distributed under state default rules instead of your own wishes.
Why does my will need a backup executor and guardian?
Your first choice may not outlive you or may be unable to serve when the time comes. A named backup prevents the court from having to choose someone on its own.
What happens if my will is not properly witnessed?
The entire will can be invalidated, and your estate would then be distributed as if you died without a will, under your state's intestate succession rules.
Should I put my funeral wishes in my will?
You can, but do not rely on the will alone, since families often do not read it until after the funeral. Leave a separate letter with someone you trust as well.
How often should I update my will?
Review it at least once a year and immediately after any major life change, such as marriage, divorce, a new child, a move, or a significant inheritance.
Avoid These Mistakes From the Start
Most will mistakes are entirely preventable once you know what to look for. Start your will with FastWill and let the platform catch these issues before they ever become a problem for your family.
