Top 3 Mistakes People Make When Writing a Will (And How to Avoid Them)

Why Will Writing Mistakes Can Cost Your Family 

When it comes to estate planning, small oversights can lead to devastating consequences for your loved ones. A poorly drafted will or common mistakes in estate planning can result in lengthy probate battles, unintended beneficiaries receiving your assets, or worse - the court deciding how to distribute your estate according to state law rather than your wishes.
As discussed in a recent estate planning consultation with Las Vegas attorney Sarah Ocampo at Ocampo Wiseman Law, there are three critical mistakes that people repeatedly make when writing their wills. Understanding these errors and how to prevent them can save your family thousands of dollars and months of legal complications.

What Are the Most Common Will Writing Mistakes?

Mistake #1: Not Updating Your Will After Life Changes

The biggest mistake people make is treating their will like a "set it and forget it" document. Life is constantly evolving, and your will should evolve with it.

Major life events that require will updates include:

* Getting married or divorced
* Birth or adoption of children
* Death of a spouse or beneficiary
* Significant changes in financial circumstances
* Moving to a different state
* Changes in relationships with beneficiaries

How to avoid this mistake: Schedule regular will reviews every 3-5 years or immediately after any major life event. Set calendar reminders to review your estate plan annually, even if no major changes have occurred.

Mistake #2: Failing to Name Backup Beneficiaries

What happens if your primary beneficiary dies before you do? Without backup beneficiaries (also called contingent beneficiaries), your assets might not go where you intended.

The problem with missing backup beneficiaries:

* Assets may go to unintended recipients
* Court may need to determine distribution
* Probate process becomes more complicated and expensive
* Your true wishes may not be fulfilled

How to avoid this mistake: Always name secondary and even tertiary beneficiaries for each asset or bequest in your will. Consider what would happen if an entire family line is affected by a tragic accident.

Mistake #3: Thinking Informal Instructions Are Legally Sufficient

One of the most dangerous misconceptions is believing that verbal instructions or handwritten notes will be legally binding after your death.

These informal methods don't work:

* Telling family members your wishes verbally
* Writing notes or letters about asset distribution
* Assuming family members will "work it out"
* Relying on joint ownership alone

Why formal wills are essential: Courts and the legal system require properly executed wills to carry out your wishes. Without a valid will, state intestacy laws determine how your assets are distributed, which may be completely different from what you wanted.

How Do I Know If My Will Is Legally Valid?

A legally valid will must meet specific requirements that vary by state. In Nevada, your will must be:

* In writing
* Signed by you (the testator)
* Witnessed by at least two people who are not beneficiaries
* Created when you are of sound mind and not under duress

Expert insight from estate planning attorney Sarah Ocampo: "The court and the legal system need a properly executed will to make sure your wishes are carried out in terms of where your assets go and who's going to manage those assets after you're gone. That's exactly what a will is designed to do."

What Should I Do If I've Made These Mistakes?

If you recognize any of these mistakes in your current estate plan, don't panic. These issues can be corrected with proper legal guidance:

1. Schedule an estate planning review with a qualified attorney
2. Gather information about your current assets and beneficiaries
3. Update your will to reflect current circumstances
4. Consider additional estate planning tools like trusts if appropriate
5. Inform your executor about the location of your updated documents

When Should I Seek Professional Help?

While simple wills can sometimes be handled with online tools, you should consult with an estate planning attorney if:

* You have significant assets or complex financial situations
* You own property in multiple states
* You have concerns about family disputes
* You need to plan for minor children
* You want to minimize taxes on your estate
* You're dealing with a probate situation after a family member's death

FAQ: Common Will Writing Questions

Q: How often should I update my will?

A: Review your will every 3-5 years or immediately after major life events like marriage, divorce, birth of children, or significant changes in assets.

Q: Can I write my own will without a lawyer?

A: While possible, DIY wills often contain errors that can invalidate them or create problems during probate. Professional legal guidance helps ensure your will meets all legal requirements.

Q: What happens if I die without a will?

A: Your estate will go through intestacy, where state law determines how your assets are distributed. This may not align with your actual wishes.

Q: Do I need backup beneficiaries if I'm married?

A: Yes, even married couples should name contingent beneficiaries in case both spouses die in a common accident or the surviving spouse dies shortly after.

Take Action to Protect Your Family's Future

Creating a proper will isn't just about legal documents - it's about ensuring your family is protected and your wishes are honored. The three mistakes outlined above are easily preventable with the right knowledge and professional guidance.

Don't let common will writing errors put your family's security at risk. If you're in the Las Vegas area and need help with estate planning, will creation, or probate matters, consider scheduling a consultation with an experienced estate planning attorney who can review your specific situation and help you avoid these costly mistakes.

If you want to discuss wills or any other estate planning tools, or if you find yourself dealing with probate after a family member's passing, Sarah Ocampo at Ocampo Wiseman Law offers complimentary consultations. You can schedule directly online through her website or call her office to discuss your specific estate planning needs.

Next Steps:

* Review your current will for these common mistakes
* Schedule regular estate plan updates
* Consult with a qualified estate planning attorney
* Ensure all family members know the location of your important documents

Remember, the best time to fix these issues is now, while you're still able to make these important decisions for yourself and your loved ones.