The most common will-writing mistakes – and how to avoid them Errors to watch out for and advice on how to avoid them when making a will

The most common will-writing mistakes - and how to avoid them

By Jodie Wielgus, Partner for the Private Clients Team at Ramsdens Solicitors

For those in or approaching retirement, two It’s easy enough to remember to include your most priorities will often emerge - the need to ensure obviously valuable assets, such as your money, house or their families will be properly looked after no expensive heirlooms; other less tangible assets are easier matter what happens, and the desire to leave to forget about, such as your bank accounts, shares and behind a lasting legacy. Writing a will is one of premium bonds. Additionally, it’s common to neglect to the best and most effective ways of achieving both. include any stipulations about your digital assets and online accounts - for example, whether you want your By writing a will, you can put all of your affairs in proper social media profiles to be deleted after you are gone. order, giving you priceless peace of mind in your later years. However, these benefits will quickly be cancelled THE SOLUTION: You will need to be as comprehensive out if you make a mistake with your will, as this could as possible when writing your will, including any and all result in your family and loved ones not getting the assets you can think of, especially those for which you protection they deserve. have specific intentions. By speaking to a legal expert who specialises in will writing, you will be able to get guidance This is why it is so important to avoid the most on everything to include, and feedback on whether the will common mistakes that stop people from creating the you’ve written covers everything it should. comprehensive, fully thought-out and legally binding wills they need. Here, the expert probate, wills and trusts 2. Being overly specific when solicitors at Ramsdens have created a guide to ten describing your assetsfrequent will-writing errors to watch out for - with advice on how you can make sure you avoid them. THE MISTAKE: Although it’s usually better to be specific when writing legal 1. Forgetting to include all of your assets documents to avoid any ambiguity, there can be instances when writing a will where being too specific can THE MISTAKE: In order to ensure your various create problems. belongings and assets - collectively known as your estate - are distributed to your preferred beneficiaries after you For example, if you include a die, you must remember to specifically include all of them car in your will and specify in your will. its name and model, it Legacy Yearbook 2021 page 4

can create confusion if you have replaced that car with another model by the time you die, without updating your will. By being too specific, your will could become less relevant as your circumstances change.

THE SOLUTION: To avoid this confusion, it may be better to describe certain assets in more general terms, such as “the car that is currently registered in my name”. This will also help you avoid the need to constantly update the will.

3. Forgetting to provide for non-biological children

THE MISTAKE: If you make reference to “your children” in your will, this does not automatically apply to any stepchildren or foster children you might have, unless you stipulate this outright.

Although legally adopted children are automatically classed as having the same status as biological children, this is not the case for other categories of non-biological family members. Failing to account for this could leave vulnerable loved ones without an inheritance.

THE SOLUTION: You will need to make sure that any children in your care are catered for specifically by your will, taking special consideration for those who are not blood-related and therefore not automatically protected by law. Speak to your solicitor to make sure you are clear about the law around this subject.

4. Failing to plan for what happens if your beneficiaries die before you

THE MISTAKE: It is not necessarily a given that your beneficiaries will outlive you. If your will fails to account for this, it could create uncertainty if an intended beneficiary is no longer around to collect their inheritance, potentially leading to future legal disputes over who gets to claim it.

THE SOLUTION: Your will should include backup plans for what should happen and who should receive an inheritance if your stated beneficiaries die before you. This may require you to think through multiple different scenarios and come up with contingencies for each.

5. Selecting invalid witnesses when signing your will

THE MISTAKE: Once your will has been written, it needs to be signed in the presence of two valid witnesses in order to be considered legally binding. If you get this wrong, the will could be THE SOLUTION: You must make sure you choose the witnesses for your will correctly. This means they must be: • Over the age of 18 • UK citizens • Physically present during the signing of the will • Individuals who are not named as beneficiaries in the will, or married to someone who is

6. Choosing the wrong executors

THE MISTAKE: Part of the will-writing process involves selecting someone who will be responsible for executing the will and administering your estate after you die. You can choose anyone over the age of 18; however, not everyone will be a suitable choice.

Some people choose executors who are unable to fulfil this responsibility, or whose life circumstances - for example, if they live abroad - make it hard for them to do so. Others simply forget to name executors in their will, meaning the probate court will have to appoint someone who may not have been your first choice.

THE SOLUTION: You will need to choose an executor who you know will be committed to carrying out your wishes, and will have the time and ability to take on the role. In some situations, it may be best to choose multiple executors to split the responsibility, and avoid it all falling on one person.

7. Failing to keep your will updated

THE MISTAKE: Writing a will is not a one-time process. If you fail to update it regularly after major changes in your life circumstances, it can lead to the will being incomplete, or even invalidating it completely.

For example, if you get married or enter a new civil partnership, your existing will is automatically revoked and will need to be redone. A divorce, the loss of a family member, the birth of another child or grandchild, or the purchase of a new property may also make it necessary to update the will.

THE SOLUTION: It is a good idea to periodically review the contents of your will, even without major changes to your circumstances. By doing so, you can make sure it always stays up to date, ensuring that your most current wishes are respected.

8. Altering a will without getting these changes verified

THE MISTAKE: When updating a will, the proper procedure must be followed. If your will has already

been signed and witnessed, you cannot simply add to or change the text; these new additions will not be considered legally valid, and will be ignored by those responsible for executing the will.

THE SOLUTION: The only way to legally amend a will is to make an official alteration called a ‘codicil’. You can add as many codicils as are needed over time, but each needs to be signed and witnessed in the same way as the main will itself.

If you need to make wholesale changes to a will, you may find it easier to simply make an entirely new will to replace the old one.

9. Making a DIY will

THE MISTAKE: Many people try to write their own wills without consulting a solicitor, but doing so creates numerous risks. When a person writing a will has no legal expertise, it is much more likely that small errors, omissions or ambiguous phrasing will creep in, potentially resulting in problems executing the will. In the worst cases, these mistakes can render a DIY will entirely invalid.

THE SOLUTION: It is always best to seek professional advice on how to properly write your will. Wills are complex legal documents that must be written and phrased according to specific rules in order to be comprehensive and binding, and by getting legal guidance, you can avoid significant stress for you and your family.

10. Forgetting to write a will at all

THE MISTAKE: Simply failing to write a will is the most serious mistake of all. If you die without a will, your estate will be distributed according to intestacy rules, meaning your family will have no control over how your assets are split up.

Beneficiaries will be chosen according to strict rules that may not reflect your wishes, with the closest blood relations taking priority and many other loved ones potentially being left with nothing. Dying intestate may also lead to family disputes over inheritance, or to the government claiming a significant share of your estate in tax.

THE SOLUTION: You should look to create a binding, detailed and comprehensive will as early as possible, working with training solicitors, and make sure this document is regularly reviewed to reflect your life circumstances.

Only by doing so can you gain the peace of mind you are looking for as you enter your latter years, and make sure your family’s needs will always be looked after, even when you are no longer around.

As we’re often working through the night, having a Marie Curie Nurse at home also allows exhausted relatives to finally get some sleep, knowing that I’m there if anything should happen. They can then wake up refreshed and more able to cherish the time they have left together as a family.

With a Marie Curie Nurse there to provide care, every moment can count.

A night in the life of a Marie Curie Nurse

By Dawn, Marie Curie Nurse I’ve been a Marie Curie Nurse for 17 years now, and there’s one thing that never changes – not even during a pandemic. Whenever I visit a new home I arrive as a stranger, and by the time I leave it’s as a friend. I feel so privileged to help people fulfil their last wishes, whether it’s to sit in their garden as the sun comes up, be home with their kids for bedtime stories, or have the comfort of a favourite pet lying on the bed with them. These are the truly precious moments that can only happen at home. That’s what inspired me to become a Marie Curie Nurse in the When someone is coming to the end of their life, I can also help first place – you really get to know the person you’re caring for to prepare their loved ones to say goodbye and they can take and their family. Over a typical nine-hour shift through the night, comfort from being at their bedside. I give dedicated, one-to-one support to someone living with a terminal illness in the comfort of their own home. In that time, along with providing medication and pain relief, I often get to hear people’s life stories, memories and of course their worries. Their loved ones also need to share their thoughts and fears too. I don’t have to rush off to another patient, I’m there for that Of course, many people I care for sadly don’t have family around them. Particularly during the pandemic, they haven’t even been able to call on the support of friends or neighbours, so have been even more isolated. I feel privileged to be there for them, so that they are not alone. family in their home. I know all my colleagues feel the same too, despite all the With the coronavirus pandemic, I am sure you will challenges and risks we face from coronavirus. agree, the choice to die at home surrounded by For us I think the hardest thing is all the PPE we now have loved ones has become more important than ever. to wear. As a Marie Curie Nurse, I rely so much on facial Likewise, gifts in Wills – a vital source of funding for Marie Curie – are essential if we are to be there for more people who need our care in the future. expression and touch to reassure and comfort. Smiling, holding someone’s hand, giving a hug. With a face mask and social distancing, that’s not possible. It just goes against the grain for me and it can be difficult at such emotional times. Yet I know it’s Legacies really can do so much in years to come, helping helping to keep everyone safe and the main thing is that we are people living with a terminal illness to make the most of the time there, with someone in their home through the night when they they have left with their loved ones, in the place most meaningful need us most. to them – home. Then at 7am, as my shift comes to an end, I will make sure a When I first arrive at the doorstep, I’m often greeted by anxious patient has everything they need to stay settled and rested in the faces. I’m part of Marie Curie’s Rapid Response team, responding day, and I can answer their loved ones’ questions or concerns within the hour to a crisis situation. It may be that someone is in about what lies ahead. Then, as I mentioned before, I feel that I severe pain or particularly distressed. I can give immediate pain leave their home as a friend, having shared in some very precious relief, get them settled and comfortable. Our presence means moments, and ready to perhaps return again as evening falls. they don’t have to seek help at hospital or leave their home. Gifts in Wills makes it possible for me and my colleagues And it’s wonderful to see the relief on the faces of the whole to provide this care. So I am grateful to everyone who even family as I help bring calm and reassurance. considers giving such a wonderful gift. Legacy Yearbook 2021 page 7