Having a legally valid and well drafted will is one of the most important steps you can take to protect your loved ones and ensure your wishes are carried out after your death. Yet, many people delay the process, opt for a DIY solution or don’t use a qualified solicitor without realising the risks involved. Mistakes in your will can cause confusion, family disputes or even render your will entirely invalid. B P Collins’ wills, trust, and probate team explores the common pitfalls and why professional guidance is so important.
Mistakes when creating your will
DIY or online wills may appear quick and cost-effective, but they often contain critical errors such as misspelled names, vague instructions or incomplete documents. These errors often cannot be corrected after the person who made the will dies, potentially leading to lengthy and costly legal disputes. All wills must also be signed correctly; in the presence of two independent witnesses, who in turn must sign the document. The witnesses must be over the age of 18 and not named as beneficiaries in the will or related to any beneficiary named in the will.
Lack of tax efficiency
Many wills are not structured in the most tax efficient way and can reduce the value of the estate passed on to your beneficiaries. A qualified solicitor can provide expert, independent advice and have the expertise to challenge your rationale and encourage you to consider all possible scenarios. They can also ensure your will is drafted to accommodate for future changes in circumstance.
Overlooking key assets
While most people include their home, savings and valuables in their will, it is easy to overlook business assets or digital assets such as cryptocurrency, online accounts, or intellectual property. If these are not properly addressed, it can complicate the estate administration and create additional legal hurdles. A qualified solicitor can help ensure your will covers all assets comprehensively, including how they should be managed or distributed.
Failing to keep your Will updated
Many people treat will writing as a one-time task. However, it is essential to review your will at least every five years or after major life events such as marriage, divorce or the birth or death of a beneficiary or executor. Without regular updates, your will may no longer reflect your intentions, potentially leaving loved ones unprotected.
Why should I use a solicitor?
If the witnessing requirements are not properly followed or if your estate involves complexities—such as blended families, foreign assets, or vulnerable beneficiaries—mistakes can create emotional strain and significant financial costs for those you leave behind. A qualified solicitor ensures your will is legally sound, tax-efficient, and tailored to reflect your current and future wishes.
At B P Collins, we are proud to be among the first firms in the UK awarded the wills and Inheritance Quality Scheme (WIQS) by The Law Society – a mark of excellence in will drafting, estate administration and client care. Our wills, trusts and probate team is here to offer bespoke advice, whether you’re writing your first will or need to review an existing one. For further information or to book a consultation, please contact us today by emailing enquiries@bpcollins.co.uk or call 01753 889995.
