The biggest mistakes people make with their wills (and how to avoid them)

A last will and testament is simple in concept: it’s a legal document you use to specify who should get your property and assets after you pass away. But there are certain steps you must follow to ensure your will is valid, and it's possible to make mistakes along the way. These mistakes can cause confusion, delays, and even additional costs for your loved ones. Fortunately, you can take simple steps to ensure this doesn't happen.

Below, we outline the top five biggest mistakes people make with their wills — and how to avoid making them yourself.

Mistake 1: Not executing your will properly

One of the biggest mistakes people make with their wills is not executing it properly. Typically for your will to be valid, you need to sign your will in front of two witnesses, who also sign it. After you pass away, your witnesses may be called to court to confirm that the will was truly yours.

Though it may seem like just a formality after all the work of creating a will, signing it properly and having witnesses is crucial. Think of it like the dismount after a gymnastics routine — it’s important to stick the landing!

If you don’t sign your will properly or neglect to have witnesses, your will could be challenged in court and potentially invalidated. In that case, your estate would be treated as if you didn't have a will at all, which means state law would determine who inherits your assets. This could cause trouble, especially if you wanted to leave something to a charity, since charities can’t inherit assets through state intestacy laws.

To avoid these problems, make sure you know your state’s requirements for executing a will. In most states, this involves signing in front of two disinterested witnesses. “Disinterested” means the witnesses aren’t named in your will and don't stand to gain anything from it. Learn more about who you should choose to witness your will.

By executing your will properly, you ensure that the court — and your loved ones — can be confident it’s truly your document and give full respect to your intentions.

Mistake 2: Not updating your will

Let’s face it — creating a will isn’t most people’s idea of a fun weekend activity. And once you’re done, it can be tempting to file your will away in a drawer and forget about it. But your will is only useful if it's an accurate reflection of your life and the people in it. As your circumstances change, your will should change, too.

Experts suggest reviewing and updating your will every three to five years, or any time you have a major life event, such as:

• Buying a house (or other real estate property)
• Having a child or grandchild
• Getting married or divorced
• Moving to a new state

If you only need to make minor changes, you could consider writing a codicil. A codicil is a legal document that amends your last will and testament. It allows you to make small changes to your will without having to rewrite the whole thing. However, technology has made it quicker and easier to update your will using online tools, so codicils are now less common.

If you make your will using FreeWill, you can edit and reprint your documents as often as you need at no cost.

Mistake 3: Forgetting about your non-probate assets

This feels like a bit of a trick, because non-probate assets are assets that don’t pass on to beneficiaries through your will. Instead, you use separate forms to name beneficiaries for these assets. Some common non-probate assets include retirement accounts and payouts from a life insurance policy.

Even though these assets don’t pass through your will, they still impact it — because the beneficiaries you list in your beneficiary designation documents override what’s written in your will. (Note: This is true in all states except Washington.)

For example, if you got divorced and remarried but forgot to update your life insurance policy beneficiary from your ex-spouse, the payout could go to them instead of your new spouse — even if you wrote something else in your will. Similarly, if you had only two children when naming beneficiaries for your 401(k) but later had a third child, the third child could be left out if you don't update your beneficiary designations.

To avoid scenarios like these, always check and update the beneficiaries on your non-probate assets whenever you review your will. This will help ensure that your estate plans reflect your current wishes.

Mistake 4: Not including instructions for your digital assets in your will

Think about all the digital accounts you interact with throughout the course of your day. Whether you’re scrolling social media, streaming your favorite TV show, making a payment on your credit card, or managing your online investment accounts, your digital assets are a crucial part of your day-to-day life.

The average person under 70 years old has nearly 200 digital accounts. But many people don’t think to include these accounts in their estate plan. If you don’t maintain a record of your online accounts, it can take weeks, months, or even years for your loved ones to track them down. (Or, in the case of cryptocurrency assets, they may be lost forever.)

To make this easier, consider using a password manager or digital vault to keep track of your logins, passwords, and other critical information. This ensures someone will always have access to your important accounts to do things like pay your bills and access tax documents.

Additionally, you can name a digital executor in your will. After you pass away, a digital executor can manage or shut down your online accounts according to the instructions you leave behind. You may also want to list your digital assets in your will — including digital photos, documents, and audio and video files — and explain what you’d like done with them.

FreeWill’s will forms include a section where you can name a digital executor and list your digital accounts.

Mistake 5: Not having a will at all

One of the most significant mistakes people make is not having a will at all! There are several reasons people mistakenly believe they don’t need a will, like thinking they’re too young or that they’re not wealthy enough to need one.

However, all adults should have a will, regardless of age or income. A will isn’t just for passing along your property; it's also for naming caretakers for your pets, choosing guardians for minor children, and designating charitable donations.

Having a will can also speed up probate, the court-supervised process of distributing your assets. This can save time and money for your loved ones and give them the peace of mind that your wishes are being followed.

Take control of your legacy by making a will

The good news is that the biggest mistakes people make with their wills are easily avoidable. FreeWill can help you avoid the most common pitfalls by making the will-making process easy.

It only takes 20 minutes to fill out the questions in our online will-maker. Your wishes are then combined with precise legal language and provided to you as a printable will. We also include state-specific instructions for how to sign and your will and have it witnessed to make it legally binding.

The best part? It’s completely free — we'll never ask you for a credit card or sell your data. Create your free will today.