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What Are The Top Mistakes When Drafting a DIY Will?

What mistakes should I avoid when making a Will? How do I ensure that my Will is valid and protects my assets? This article outlines our top 10 mistakes and how to avoid them when drafting a Will! Keep reading to learn more.

Zach Tsakiris, Founder & CEO, FastWill
Zach Tsakiris Founder & CEO, FastWill
4 min read
What Are The Top Mistakes When Drafting a DIY Will?
The short version

What mistakes should I avoid when making a Will? How do I ensure that my Will is valid and protects my assets? This article outlines our top 10 mistakes and how to avoid them when drafting a Will! Keep reading to learn more.

The most common DIY will mistakes are not writing a will at all, using vague or ambiguous language, forgetting to name an executor or a backup guardian, leaving out digital assets, and never updating the document after a major life change. Each one is avoidable with a structured checklist rather than a blank page.

1. Not Writing a Will at All

The single biggest mistake is skipping the will entirely. Without one, your state's intestate succession formula decides who inherits, typically prioritizing a spouse and children first, and it will not necessarily match what you would have chosen.

2. Vague, Ambiguous, or Questionable Terms

A phrase like "I leave all of my vessels to my children" is a real problem if a court cannot tell whether you meant sailboats or storage containers. Vague language invites exactly the kind of dispute a will is supposed to prevent. Name specific assets and specific people rather than relying on broad categories.

3. Overusing Fixed Dollar Amounts

Leaving a fixed dollar gift, "$5,000 to each niece", works fine for small, specific gifts. It becomes a problem when you really mean to divide your whole estate this way, since the value of real estate tends to rise while the value of vehicles tends to fall. Percentages of the estate, rather than fixed dollar figures, usually reflect your actual intent more accurately over time.

4. Not Naming an Executor

An executor manages your estate through probate. If you skip this step, the court appoints someone, and that delays the entire process while it happens.

5. Naming a Poorly Suited Executor

An executor who is also a major beneficiary, or who does not get along with your other heirs, can create real conflict. Choose someone reliable, reasonably organized, and willing to serve, and confirm with them directly before finalizing your will.

6. Forgetting Personal Property

Sentimental items without significant monetary value are frequently left out, even though they are often the source of the most family friction. "Divide equally" sounds fair but rarely feels fair in practice. Naming specific items and recipients, or finding out ahead of time what your family actually wants, heads off a lot of conflict.

7. Never Updating the Will

A will written years ago does not reflect a marriage, divorce, new child, adoption, move, or change in assets unless you go back and update it. Treat your will as a living document you revisit periodically, not a one-time task.

8. Forgetting Digital Assets

Online accounts, cryptocurrency, and digital photos are real property, and many platforms have strict rules about who can access an account after someone dies. Under the Revised Uniform Fiduciary Access to Digital Assets Act, adopted in some form in most states, a fiduciary typically needs your explicit authorization to access account content, not just a basic list of accounts. Name a digital executor and leave clear instructions.

9. Not Telling Anyone Where the Will Is Stored

A will that no one can find functions the same as no will at all. Store it somewhere accessible, a fireproof safe, a bank box, or secure digital storage, and tell your executor and at least one family member exactly where it is.

10. Putting Funeral Instructions Only in the Will

Wills are typically read weeks or months after burial or cremation decisions have already been made. If you want your funeral wishes honored, put them in a separate letter, discuss them directly with family, or make prepaid arrangements with a funeral home.

A Worked Example

Imagine three siblings whose father wrote a DIY will years ago, naming all three as co-executors and dividing his personal property "equally" among them. When he dies, the co-executors disagree about basic decisions, from which funeral home to use to how to value his tool collection, and "equally" turns out to mean something different to each of them. What was meant as a gesture of fairness becomes a source of ongoing conflict precisely because the will left a single executor role and a vague division open to interpretation. A will that instead named one executor, a backup, and specific items for specific children would have avoided the dispute entirely.

Why a Checklist Beats a Blank Page

Most of these ten mistakes share a common cause: drafting from a blank page instead of a structured process that prompts you for each decision in order. A checklist does not make the hard calls for you, who gets what, who serves as guardian, but it does make sure you actually make each decision on purpose instead of by accident.

How FastWill Avoids These Mistakes

FastWill's online will builder prompts you through each of these categories in sequence: executor, backup guardian, digital assets, and storage instructions, so nothing gets skipped because it did not occur to you. Pair this checklist with our guides on what to always include and the risks of DIY wills for a fuller picture.

Frequently Asked Questions

What is the single most common DIY will mistake?

Not writing one at all, followed closely by vague or ambiguous language that leaves beneficiaries and courts guessing at what you actually meant.

Should I leave a fixed dollar amount or a percentage to my heirs?

For your overall estate, a percentage usually holds up better over time, since asset values shift. Fixed dollar amounts work well for small, specific, one-time gifts.

Can I name myself and a family member as co-executors?

You can, but most estate planning guidance advises against shared executorship, since disagreements between co-executors can slow down or complicate probate.

How do I handle digital assets like cryptocurrency in my will?

List the accounts, explain how your executor can access them, and consider naming a digital executor specifically for this task, since many platforms restrict post-death access without explicit authorization.

How often should I revisit my will?

At least once a year, and immediately after any marriage, divorce, birth, adoption, death of a named party, move, or significant change in what you own.

Free: Before You Make Your Will — Prep Checklist

Everything to decide and gather first, so your will takes just 15 minutes. We'll email it to you.

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About the author
Zach Tsakiris, Founder & CEO, FastWill
Zach Tsakiris

Founder & CEO, FastWill

Born in Dallas and based in Manhattan, Zach became a top financial advisor in estate planning. He founded FastWill to simplify the process for clients and advisors. As the world goes digital, he envisions estate planning's future online and aims to make FastWill the industry leader.

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