Top Five Mistakes People Make When Drafting Their Wills

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

How They Lead to Probate Disputes

Creating a will should be one of the most straightforward ways to protect your estate, so here are the top five mistakes people make when drafting their wills. Yet in England and Wales, many people unintentionally set the stage for contentious probate claims by making avoidable mistakes. These errors often come from misconceptions about the law, reliance on DIY templates, or a belief that “it will all be obvious” when the time comes. Unfortunately, will disputes don’t tend to arise from complex estates – but rather from simple oversights.

This focused guide explores the five biggest mistakes people make when drafting their wills in England and Wales, and explains exactly how each one can lead to contentious probate issues.

Mistake 1: Relying on DIY Wills or Unregulated Will-Writing Services

How it leads to probate disputes

The Wills Act 1837 sets strict requirements for a valid will. A will must be properly drafted, signed, and witnessed. DIY templates and unregulated will-writing services often fail to meet these standards, especially when people adapt the wording themselves or misunderstand the legal terminology.

Typical problems may involve:

• Clauses that contradict each other
• Missing residue clauses, leaving part of the estate unaccounted for
• Incorrect witnessing (For a full guide on witnessing a will correctly, see our dedicated article)
• Ambiguous descriptions of assets or beneficiaries
• Unclear or invalid handwritten amendments

When a will contains vague or contradictory instructions, beneficiaries may interpret the wording differently. This ambiguity is one of the most common triggers for probate disputes. One beneficiary may argue that the deceased intended a particular distribution, while another insists the opposite. The court is then left to interpret unclear wording. This can be an expensive and stressful process for everyone involved.

DIY wills also frequently fail to comply with the formalities of the Wills Act. If the will is declared invalid, the estate may fall into intestacy, producing outcomes the deceased never intended and opening the door to challenges from disappointed family members.

If a DIY will has already caused problems, beneficiaries may still have options. Our guide on what to do about a mistake in a will explains how errors can be corrected or challenged.

Mistake 2: Failing to Update the Will After Major Life Changes

How it leads to probate disputes

A will is not a one‑off document. Therefore it should be changed and updated as life changes. Marriage, divorce, new children, property purchases, business changes, and blended families all require updates. Yet many people leave their will untouched for decades.

When a will is outdated, disputes typically arise because:

• New partners or children may be excluded
• Former spouses may still be named
• Assets listed in the will may have been sold or replaced
• Beneficiaries may have died, leaving unclear succession
• Property ownership structures may have changed

In England and Wales, marriage automatically revokes a will unless it was made in contemplation of marriage. A ‘revoked will’ means it is treated as though it never existed. Many people are unaware of this, leaving their estate exposed to intestacy rules.

Outdated wills are fertile ground for disputes. Beneficiaries often argue over what the deceased “would have wanted,” and courts must interpret intentions based on incomplete or obsolete information. This is one of the most common causes of contentious probate claims.

Mistake 3: Appointing the Wrong Executor

How it leads to probate disputes

Choosing an executor is one of the most important decisions in a will. Executors are responsible for administering the estate, paying debts, dealing with HMRC, and distributing assets. When the wrong person is appointed, disputes often follow.

Problems arise when executors are:

• Inexperienced or overwhelmed
• In conflict with beneficiaries
• Slow to act or unresponsive
• Living abroad and unfamiliar with local law
• Negligent in record‑keeping or asset management
• Unwilling to cooperate with co‑executors

Beneficiaries can challenge an executor’s actions if they believe the estate is being mismanaged. This can lead to applications to remove the executor, freeze assets, or compel action. These disputes are often bitter, especially when the executor is a family member who is perceived as acting unfairly.

A poorly chosen executor can turn a straightforward estate into a prolonged and costly probate battle. Professional executors or solicitors can reduce this risk, but many people still default to naming the eldest child or closest relative without really considering suitability.

Mistake 4: Leaving Vague, Informal, or Conditional Gifts

How it leads to probate disputes

Vague gifts are a major source of conflict. People often assume their intentions are obvious, but wills must be drafted with precision. Ambiguity invites disagreement.

Examples of problematic gifts may include:

• “I leave my jewellery to my daughters” (what counts as jewellery?)
• “I leave my home to my son if he behaves responsibly” (who decides?)
• “I leave my savings to be divided fairly” (what is “fair”?)
• “I leave my business to whoever takes it over” (when? how?)

Conditional gifts are especially risky. Conditions such as “if my son stops drinking” or “if my daughter marries within the faith” are difficult to enforce and often legally questionable. They create emotional tension and legal uncertainty.

In England and Wales, unclear gifts can lead to:

• Court applications for interpretation
• Arguments over whether conditions were met
• Claims that the gift has failed
• Disputes about the meaning of key terms

The more subjective the wording, the more likely it is that beneficiaries will disagree. Precision is essential to avoid probate disputes.

Mistake 5: Ignoring the Inheritance (Provision for Family and Dependants) Act 1975

How it leads to probate disputes

Many people assume they can leave their estate to anyone they choose. In reality, the law in England and Wales imposes limits. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to claim “reasonable financial provision” if they believe the will fails to provide for them.

Eligible claimants include:

• Spouses and civil partners
• Former spouses (in some cases)
• Children (including adult children)
• Cohabiting partners
• Financial dependants

If someone feels unfairly excluded, they can challenge the will under the Inheritance Act. These claims are one of the most common forms of contentious probate litigation. They often arise when:

• A child is left out of the will
• A cohabiting partner receives nothing
• A spouse is left less than they need
• A dependant is overlooked
• The deceased made assumptions about who “deserves” what

When a will conflicts with the statutory rights of dependants, disputes may easily arise. These cases are often emotionally charged and legally complex, and they can significantly delay the administration of the estate.

Contact Our Team

Each of these five mistakes – DIY drafting, outdated wills, poor executor choices, vague gifts, and ignoring legal rights – creates potential grounds for probate disputes in England and Ireland. While the common thread is avoidable risk, if any of the above has happened to you after a loved one has died, contact us for your next steps.

Our partner contentious probate lawyers offer a range of fee structures, including ‘No Win, No Fee’ agreements, along with other flexible funding.

Contact Jefferies Claims today at 0330 818 0351 or complete our online contact form to arrange your free consultation.

This post gives general information, not legal advice. For specific legal guidance about your specific situation, speak to a contentious probate solicitor.