Writing a will is one of the most important steps you can take to protect the people you care about and make your wishes clear.

Yet it is surprisingly easy to make mistakes. A Will that is unclear, incorrectly signed or simply out of date can create unnecessary complications for the people left behind. In some circumstances, mistakes can even mean that parts of a Will, or the entire document, may not have the intended effect.

Here are seven common mistakes to be aware of when making a Will.

1. Putting Off Writing a Will

Perhaps the most common mistake is not having a Will at all.

It can be tempting to think that writing a Will is something to worry about later in life. But having a will can be important at many different stages, particularly if you own property, have children, live with a partner, run a business or have particular wishes about who should benefit from your estate.

If you die without a valid Will, you are said to have died intestate. Your estate will then be distributed according to the applicable intestacy rules rather than according to wishes you may have expressed informally.

Making a Will gives you much greater control over what happens to your estate.

2. Assuming Your Family Will “Know What You Want”

You may have discussed your wishes with your partner, children or other relatives, but conversations alone are not a substitute for a properly prepared Will.

Even in close families, memories and interpretations can differ. Circumstances can also change over time.

A clear Will provides written evidence of your wishes and can reduce uncertainty for those dealing with your estate.

3. Not Following the Correct Signing and Witnessing Requirements

A Will needs to meet specific legal requirements to be valid.

In England and Wales, this includes requirements concerning how the Will is signed and witnessed. Getting this process wrong can potentially cause serious problems with the validity of the document.

There can also be complications if someone who benefits under the Will, or their spouse or civil partner, acts as a witness.

This is one reason why professional assistance can be valuable: writing down your wishes is only part of the process, the document also needs to be executed correctly.

4. Choosing the Wrong Executors

An executor is responsible for administering your estate after your death. Their responsibilities can include identifying your assets and liabilities, dealing with the probate process where required, paying debts and taxes, and distributing the estate to beneficiaries.

It is therefore important to choose your executors carefully.

Consider whether the person is trustworthy, organised and willing to take on the responsibility. Depending on the complexity of your estate, you may also want to consider appointing more than one executor or obtaining advice about professional options.

5. Forgetting About Changes in Your Life

A Will should not necessarily be something you write once and then forget about.

Major life events can affect both your circumstances and your wishes. You should consider reviewing your Will following events such as:

·        Getting married or entering a civil partnership

·        Separating or divorcing

·        Having or adopting a child

·        Buying or selling a property

·        Starting or selling a business

·        Receiving a significant inheritance

·        The death of an executor or beneficiary

·        A significant change in your financial circumstances

Even without a major life event, reviewing your Will periodically can help ensure it continues to reflect what you want.

6. Trying to Cover Everything With a DIY Will

DIY and online Will templates can appear to be a simple and inexpensive solution, particularly where someone’s circumstances seem straightforward.

The difficulty is that you may not know when your situation isn’t straightforward.

Blended families, unmarried partners, children from previous relationships, businesses, overseas property, trusts and more complicated financial arrangements can all require additional consideration.

Ambiguous wording can also lead to uncertainty about what you intended.

Professional advice can help identify issues you may not have considered and ensure your wishes are expressed clearly.

7. Forgetting That Your Estate Is More Than Your House and Savings

When thinking about a Will, people often focus on their home and bank accounts. But your estate may include much more.

Depending on your circumstances, you may need to consider investments, personal possessions, business interests and other valuable assets. Certain assets may also be dealt with outside your Will or have their own arrangements, so it is important to understand how everything fits together.

It can also be useful to think about sentimental possessions. A disagreement over jewellery, photographs or family heirlooms can sometimes cause just as much difficulty as disagreements over money.

Creating an up-to-date picture of what you own can make the estate-planning process considerably easier.

A Little Planning Now Can Make Things Easier Later

A good Will is about more than deciding who receives your assets. It is an opportunity to make your intentions clear, provide certainty and make an already difficult time a little easier for the people you leave behind.

The important thing is to make sure your Will reflects your circumstances, clearly records your wishes and complies with the relevant legal requirements.

If you already have a Will, it may be worth asking yourself one simple question: does it still reflect what I would want to happen today?

If the answer is no, or you’re not sure, it may be time for a review.