Ambiguous wording can lead to inheritance disputes and unintended tax implications.
When a loved one passes away, a Will can be useful for bringing structure to the probate process during an otherwise stressful and upsetting time for the family.
A properly written and legally sound Will is essential to ensure your last wishes are followed by the named executor who handles the distribution to the beneficiaries. Despite the importance of this document, millions of Brits self-write their Wills, with less than half (49%) turning to law firms and solicitors for Will writing advice in 2025, according to the latest UK Wills & Probate Consumer Research Report.
Will writing services start at just £150, but can save thousands on dispute costs and legal fees in the long run. If your Will is considered not legally valid, the rules of intestacy decide who benefits from the estate instead.
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With this in mind, Josh White, financial expert at the probate lending firm, Level Group, explained the most common mistakes people make.
Leaving out important details
It’s vital that you spell the names of any beneficiaries correctly and include up-to-date contact details and address information.
Even if you do make your own Will, having your work reviewed by a trained solicitor can spot any inaccuracies or mistakes that could invalidate the Will in the future.
Not signing the Will correctly
For your Will to be legally valid, you must be 18 or over, of sound mind, and make it voluntarily in writing.
You need to sign it in the presence of witnesses aged 18 or over, and they must each then sign the same document. Everyone must have a clear view of the signing process.
It’s very important to note that you can’t leave your witnesses (or their married partners) anything in your will. Your beneficiaries or their spouses/civil partners must not be your witnesses.
If you ever update any parts of the Will, the same signing process needs to be followed again, otherwise the changes are not legally valid.
Using an online template
While it may be quicker and cheaper to fill in a pre-written form or template online, this could lead to big problems later.
Most templates are too simple and don’t account for complex scenarios, such as the appointment of “substitute beneficiaries”. This means that if the person you want to leave your estate dies before you, the Will becomes invalid.
Overlooking inheritance tax
DIY Will solutions may help you express your wishes, but they do so without any regard for potential inheritance tax implications that it could create for your beneficiaries.
By working with a trusted financial planner, you can take advantage of strategies such as using tax-free allowances and gifting to avoid unwanted tax implications.
What could happen if your Will is not legally valid?
If you die without a Will in the UK, or your Will isn’t valid, your death is considered ‘intestate’ – derived from Latin meaning ‘without a testament’.
Intestacy rules don’t consider the closeness of your relationships or who would benefit from being a beneficiary most but rather stick to a strict hierarchical classification of who gets what.
Any partner who is married to, or in a civil partnership with, the intestate person at the time of death will be eligible to inherit. If the deceased hasn’t left any surviving descendants, this partner will inherit the whole estate.
Should there be surviving children, intestacy rules dictate that if the estate is worth more than £270,000, it will be divided between the living partner and any surviving children.
Josh White added: “Inheritance laws can get very complex and have regional differences. One rule in England and Wales may not automatically be valid in Scotland, too.
“Any uncertainties about the deceased’s wishes can add unnecessary stress and confusion at an already difficult time.
“That is why it’s so crucial to spend some extra time to get this important document right. A crystal-clear Will removes any doubt about how your estate should be distributed.
“Writing a Will with a professional will only cost a small amount and can protect your family from spending thousands on potential disputes and legal fees in the long run.
“Once your Will is written, don’t just lock it away, but regularly update it if your own or your family members’ circumstances change, for example through marriage, death or divorce.
“To prevent inheritance disputes further down the line, it is highly recommended to speak with an experienced solicitor. This is especially true if your situation is complex and involves business or foreign property.”
