Six common estate planning mistakes – getting your Will right.

Originally published: 14 June 2017 | Last updated: 30 October 2025

TL;DR: The six most common estate planning mistakes are: assuming Wills are only for the wealthy, not updating your Will after life changes, leaving assets outside your Will, failing to plan for unexpected scenarios, not planning for incapacity, and trying to write a Will without professional guidance. The listed errors will produce family disputes together with wrong beneficiaries receiving property while forcing people to spend money on legal battles. A comprehensive online Will service like LegalWills.co.uk helps you avoid all six.

What Are the Most Common Estate Planning Mistakes?

Financial planning needs estate planning as a fundamental component yet people tend to postpone it until their last available time. You can prevent your family members from facing financial challenges and emotional stress through proper documentation of your final wishes. People tend to make these six most common mistakes when they create their Wills but all of these errors can be prevented.

Mistake #1: Is a Will Only for Wealthy People?

No. A Will is essential regardless of your net worth. According to a YouGov survey, nearly two-thirds of British adults do not have a Will. The research reveals that most people in their adulthood choose not to create official documentation which explains their estate management process after death and their children’s care arrangements.

The general public maintains the belief that estate planning exists as an exclusive service which serves only wealthy individuals. This is false. The most basic Will lets you:

1. You need to choose someone who will take care of your children until they become adults.

2. You need to select an Executor who will handle the operations of your estate.

3. You need to decide who will receive your possessions no matter how small they are.

The intestacy rules will distribute your estate according to their own system but you can prevent this from happening.

The law will determine who receives your estate when you die because you failed to create a Will. The rules of intestacy prevent unmarried partners from receiving any inheritance while the estate distribution process ignores the way you wanted your assets to be divided.

Mistake #2: Why Is It Dangerous to Never Update Your Will?

A Will is not a one-time document. Your situation requires you to make changes to this document whenever something new happens to you. Common life events that require a Will update include:

Life Event

Why You Must Update

Marriage or civil partnership

Marriage automatically revokes any existing Will in England and Wales

Divorce or separation

Your ex-spouse may still inherit if your Will is not updated

Birth or adoption of a child

New children need to be included; guardianship must be designated

Death of a beneficiary or Executor

Alternate appointments must be made

Significant change in assets

Your estate undergoes changes because you purchase property and receive inheritance and take control of business operations.

Moving to a different country

Different jurisdictions have different inheritance laws

An outdated Will can be worse than no Will at all. The document will distribute your assets to people who should not receive them because you no longer want them to benefit from your estate. The document however remains unable to handle situations which involve children who entered the world after the initial writing process. The LegalWills.co.uk service allows users to update their Wills without any restrictions during their subscription period which keeps their legal documents up to date.

Mistake #3: What Happens to Assets Not Covered by Your Will?

People tend to believe their Will documents protect all their possessions. Certain assets exist outside of Will control because they follow different legal procedures to transfer ownership:

The property held under joint tenancy automatically goes to the remaining owner through the right of survivorship.

Life insurance policies: paid to the named beneficiary, not through the estate

Pension death benefits: distributed according to the scheme’s nomination form

Trust assets: governed by the trust deed, not the Will

You must review all of these alongside your Will to ensure your complete estate plan reflects your wishes. The estate plan for family business owners needs special elements to protect their business operations from operating according to their established intentions. The estate plan needs to include digital assets which consist of online accounts and cryptocurrency and digital media files.

Mistake #4: Why Must You Plan for “What If” Scenarios?

Life presents itself as an unpredictable force which nobody can control. Your estate plan needs to include strategies which defend against situations that you want to avoid happening.

What if your spouse predeceases you?

What if your named Executor is unable to serve?

What if you and your partner are involved in the same accident?

What if a beneficiary dies before you?

What if your marriage ends?

Second spouses tend to fight with children from previous marriages because there are no established rules to follow. Ex-spouses commonly receive full estate ownership because people fail to update their wills after separating from their partners. The process of estate planning together with divorce needs people to focus their attention on this matter.

A proper Will needs to contain backup beneficiaries and substitute Executors and emergency plans for all possible situations. The LegalWills.co.uk service requires you to select backup options during every stage which creates a Will that functions correctly regardless of what happens.

Mistake #5: What Happens If You Cannot Make Decisions for Yourself?

Estate planning serves functions which extend past death distribution of assets. A complete estate plan needs to include solutions which will protect your assets when you become unable to make decisions during your lifetime. Your family members need to go through a costly court process which might take several years to manage your affairs because you lack a Lasting Power of Attorney (LPA).

There are two types of LPA in England and Wales:

Property and Financial Affairs LPA: authorises someone to manage your bank accounts, pay bills, sell property, and handle investments

Health and Welfare LPA: authorises someone to make decisions about medical treatment, care, and daily living

The seven critical documents in a complete estate plan include both types of LPA alongside your Will.

Mistake #6: Can You Write a Proper Will Without Professional Help?

People can find blank Will forms and DIY kits which come with dangerous risks. A poorly drafted Will can be challenged, misinterpreted, or declared invalid. People who create their own Wills face these common problems:

Incorrect witnessing procedures

Ambiguous language that leads to disputes

Failure to revoke previous Wills properly

Missing residuary clauses

No provision for choosing the right Executor

Professional solicitor fees can range from £150 to £600 or more. The LegalWills.co.uk online Will service offers a solicitor-grade document for £49.95 which includes step-by-step prompts to help you create a complete Will.

How Can LegalWills.co.uk Help You Avoid These Mistakes?

LegalWills.co.uk has provided estate planning services for over a decade, continuously enhancing the platform to deliver comprehensive, legally valid documents at a fraction of solicitor costs.

What Makes the Service Comprehensive?

Expat Will service: prepare a Will while living overseas

Lifetime interest trusts: protect your estate for children from a previous relationship

Pet trusts: ensure your pets are cared for

Specific bequests: leave particular items or amounts to named individuals or charities

Charitable giving: include charitable bequests in your Will

Backup planning: alternate beneficiaries, Executors, and guardians at every level

How Does the Service Keep Your Will Current?

You can make updates to your Will whenever you want through your active account without paying any extra fees. When you have a new baby or change your residence or experience any shift in your situation you should access your account to update your information. The updated Will document stands ready for immediate printing and signature and witness processes.

What Does It Cost?

Service

Price

Single Will

£49.95

Mirror Wills (couple)

£79.95

Lasting Power of Attorney

£29.95

Complete Estate Plan

From £89.85

Frequently Asked Questions

Do I need a solicitor to write a valid Will?

No. The law does not force people in England and Wales to hire a solicitor for their legal needs. A Will becomes valid when it exists in written form and the testator signs it before two independent witnesses who also sign the document. LegalWills.co.uk provides an online service which leads you through the process to create a Will that satisfies all legal requirements.

How often should I update my Will?

You need to check your Will documents every three to five years while performing immediate reviews during major life events which include marriage and divorce and childbirth and major financial asset changes.

What is the biggest mistake people make with estate planning?

The single biggest mistake is not having a Will at all. Your estate will get distributed through intestacy rules when you die without a Will but this process will create major family disputes because it does not follow your planned inheritance distribution.

Can I write a Will online that covers complex situations?

The LegalWills.co.uk platform provides solutions for complex situations which include expat Wills and lifetime interest trusts and pet trusts and specific bequests and multi-level contingency planning.