A Last Will and testament is one of the most important legal documents for anyone over age 18 to have. It directs property distribution, names guardians for minor children and lets an executor of your choice be appointed to manage your estate after you die. However, as noted in a recent article from HuffPost, “The Biggest Mistakes People Make In Their Wills, According to Estate Lawyers,” recent studies show that 2 out of 3 adults don’t have an estate plan.
During the COVID pandemic, many people learned the hard way what happens without an estate plan. Without estate planning documents such as Health Care Powers of Attorney, families cannot make decisions for their loved ones at critical times. Without a Will, property decisions were made by courts, not family members. These lessons seem to have faded over time.
Everyone over age 18 needs estate planning documents. They don’t have to be fancy. However, having them will spare family members a lot of financial and emotional suffering during an already difficult time. Here are the estate planning mistakes to avoid.
Assigning co-executors. Having a single executor avoids protracted arguments among co-executors who may not agree on all decisions. If you own a home and your intention is for it to be sold upon your passing, one of the co-executors could hold up the sale. Minor disagreements can turn into large family fights.
Thinking a Will is all you need to avoid loved ones going to court. A Will alone will not keep your estate and your family out of probate court. Probate is the legal process of administering a person’s estate when they die without a Will (intestate) and when they die with one. The Will is submitted to the court upon the person’s death, and the Will must be presented to the court and the court approves the person named to be the executor.
Even if you have a trust, any assets you own directly are addressed in a Will, and the Will must be presented to the court.
Including vague terms in the estate planning documents. The phrase “an equal share” could spell trouble for your family. When parents die, childrens’ relationships change. Siblings who got along for their entire lives may find themselves battling over money. If there are items with great sentimental value, include them in your Will or create a letter of intent.
Not updating your Will to reflect life changes. If you’ve lived long enough, you know life changes. People marry, divorce, and have children and loved ones die. A Will created when your own children were young and unmarried needs an update. An example: if you leave your estate to three children who have children themselves, and one of your children predeceases you, does your Will account for grandchildren? Wills can be structured so that your child’s share passes to your grandchildren if the child dies. Estate plans need to be reviewed for possible updating every five to seven years.
Will your gift help your heirs? Leaving people money isn’t always a good thing. If you leave a fortune to an 18-year-old, they probably won’t know how to handle it. If a college-age grandchild receives a significant gift, it may disqualify them from receiving student loan approval. A child in the middle of a rocky divorce could lose their inheritance in the process. A special needs individual may not receive large gifts, or their government support benefits will be lost. Speaking with an estate planning attorney about your options on how to leave an inheritance in these kinds of situations is a good idea.
Think of your estate plan as putting a new roof on your home. It shields those you love from the storms of life. Talk with an experienced estate planning attorney and plan for a secure future for you and your family.
Reference: Huff Post (Jan. 17, 2026) “The Biggest Mistakes People Make In Their Wills, According to Estate Lawyers”
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