James Rowe: Making a will is something we all ought to do, but there are common mistakes you really need to avoid, and they’re all pretty easy.
Hello and welcome to Which? Shorts, your free weekly insight into Which? magazine, as well as our money, tech, travel and gardening titles too. Today I’m bringing you a piece that Holly Lanyon wrote for the March issue of Which? magazine all about some of the most common mistakes when writing a will, with some expert advice on how to get your will as watertight as possible. Here is Holly’s piece, adapted for the podcast this week, read by me, James Rowe.
A will can look perfectly sound on paper and still let you down. Most Which? members have already taken the important step of writing one. When we surveyed over 1,000 Which? Connect members, just one in 10 said they didn’t have a will at all. The greater risk, though, lies in what happens afterwards. A will that hasn’t been reviewed, was changed incorrectly, or can’t be found when it’s needed may not work in the way you expect and – in some cases – can be treated as though it never even existed.
That’s because will writing isn’t a one-off task. Life changes gradually, paperwork gets overlooked and small details can make a big difference. When a will hasn’t been properly reviewed or updated, loved ones can be left dealing with delays and extra admin at an already difficult time. So what are some of the most common mistakes and how can you avoid them?
Well, the first one is putting off the task of writing a will in the first place. Many people know they should have a will but never quite get round to writing one. In our survey, around four in 10 of those without a will said it was because they hadn’t found the time. 'I know I should have one, but I can never quite get round to doing it,' one member told us. Putting it off leaves you at risk of dying intestate. In other words, dying without a valid will. In these cases, your estate is distributed according to set legal rules, not your personal wishes.
The rules differ in the devolved nations but are based on spousal and family connections. There’s no provision for unmarried partners or step-children, and the rules don’t take into account the closeness of your relationships or who is in most need. Several Which? members said that providing for people who wouldn’t inherit under intestacy rules was a key motivation for writing their will. 'I have two step-daughters and a son. They’ve always been treated equally and so when I die, I want to ensure that my estate is split equally between them,' one respondent told us.
Dying without a will can also make it harder for your family to settle your affairs. 'I know from one experience how much a will helps at a difficult time,' another member told us. Instead of an executor named in a will, someone must step in as administrator – or executor dative in Scotland. They’ll need to check that no valid will exists and, if necessary, apply for a letters of administration – or confirmation in Scotland – before they can deal with your estate.
The next mistake is not updating your will once you’ve actually written it. In our survey, around three in five of those who have a will said they haven’t updated it in the past five years. But writing a will isn’t a one-and-done exercise. The government recommends reviewing your will every five years and after major life events like a marriage or a civil partnership, or the birth or adoption of a child.
Some changes automatically affect your will. In England, Northern Ireland and Wales, civil partnership or marriage can revoke an existing will, so you’re at risk of dying intestate until a new one is made. In all four nations, divorce treats a former spouse as though they’ve died. While the will itself remains valid, you will need to write a new will if you want your former spouse to remain a beneficiary or executor. If they were the sole beneficiary, your estate could otherwise be distributed under intestacy rules.
Even if your circumstances haven’t changed, it’s still worth checking that your will reflects your wishes. More than four in 10 members who had updated their will in the past five years said they did so because they wanted to change how their estate would be distributed. Reviewing your will also increases the chances of spotting any errors.
Another mistake is not making those changes properly. If your will needs updating, it’s important to follow the correct process. Once a will has been signed and witnessed, it can’t be altered and you should never amend the original document. For minor changes like appointing a new executor or adding a small gift, you can use a codicil. This is a document that allows you to make limited amendments and must be signed and witnessed in the same way as your will.
One Which? member ran into problems when administering his father-in-law’s estate due to a small error in a codicil. His father-in-law had made a mistake when writing the date and corrected it with his initials but didn’t sign it. The probate registry questioned whether the codicil was valid and asked to speak to the witnesses, which wasn’t possible as they themselves had died. The member eventually received probate after three months of back and forth with the probate registry but described the experience as time-consuming and stressful. If you need to make more substantial changes, you’re usually better off writing a new will.
Next up, not storing your will in the right place is another common mistake. Your estate could be treated as intestate if your will is lost or damaged. If you choose to write a will with a solicitor, they’ll usually store it for free. Regulated solicitors have a duty to make sure wills they hold are securely looked after and, in the unlikely event that your will does go missing, there are steps you or your executor can take to track it down.
You can also choose to store your will with the probate service in England and Wales, the Register of Deeds in Scotland, or a will-storage service for free. If you opt for one of these services, it is worth checking whether there are fees to retrieve or amend your will. Whatever you do, though, never store your will in a bank safety deposit box as this can put your executor in a catch-22 situation. They won’t be able to open the deposit box without probate – or confirmation – but won’t be able to apply for probate without the will.
Make sure your executor knows where your will is stored. In our survey, one in 10 members said they haven’t told their executor where their will is, and a further 8% couldn’t remember whether they had or not. Only one in six of those with a will said they’d registered it with the National Wills Register, a central database that records where a will is stored. Doing so can help an executor track it down if it does go missing.
And finally, make sure you keep your will in good condition. One in five members with a will told us they didn’t know what condition theirs was in. While physical damage doesn’t necessarily invalidate a will, it can be interpreted as evidence of tampering or an attempt to revoke it, which could lead to probate delays or even legal challenges. Things like paperclip marks or removed staples can also cause problems, as they may be taken as evidence that documents or pages have been removed.
One Which? member told us he was questioned by the probate office about staple marks in his wife’s will after removing the staple to make a certified copy. Although the explanation was accepted, his advice was to avoid removing staples if at all possible. Keeping your will in good condition, securely bound with all pages intact, easy to read and free from tears, water damage or staple marks minimises the risk of issues further down the line. And for many, it brings peace of mind knowing their will is watertight. 'I am happy and feel secure that I have a legally valid will,' one Which? member said.
