The Top Mistakes People Make When Creating a Will (And How We Prevent Them)
- Tom
- 1 day ago
- 5 min read
Creating a will is one of the most important steps you can take to ensure your assets are distributed according to your wishes after your passing. Unfortunately, many people either avoid this task or make critical mistakes that can result in legal disputes, unnecessary taxes, or even the invalidation of their will. At The Real Estate Law Firm, we specialize in helping individuals and families navigate the estate planning process with clarity and confidence. In this article, we explore the most common mistakes people make when drafting a will—and how our team helps prevent them.
Avoid These 10 Common Will-Making Mistakes
1. Failing to Create a Will at All
Perhaps the biggest mistake is simply not having a will. Many people believe they don’t have enough assets to warrant a formal estate plan or think they have more time to take care of it later. Unfortunately, death can come unexpectedly, and without a valid will, state intestacy laws dictate how your assets are distributed. This often leaves loved ones in a complicated, stressful legal process.
How The Real Estate Law Firm Prevents This:
We educate our clients on the importance of having a will, no matter their net worth. Our team offers easy-to-schedule consultations and streamlined documentation support to help clients take the first and most important step.
2. Using DIY or Online Will Templates
While online will-making tools seem convenient, they rarely consider the complexities of individual circumstances or state-specific laws. A generic template may overlook crucial components like digital assets, trusts, or guardianship clauses.
How The Real Estate Law Firm Prevents This:
We tailor each will based on a comprehensive consultation with the client. Our attorneys ensure every clause is compliant with Illinois law and accounts for any unique needs—whether you own a business, have minor children, or are dealing with multiple properties.
3. Not Updating the Will After Major Life Changes
Life events like marriage, divorce, childbirth, or the purchase of real estate significantly impact how your assets should be distributed. Failing to update your will can result in unintended beneficiaries or omitted loved ones.
How The Real Estate Law Firm Prevents This:
We establish long-term relationships with our clients. We offer periodic will reviews and proactive check-ins to ensure your estate plan evolves with your life.
4. Improperly Naming or Not Naming a Guardian for Minor Children
Parents often forget or avoid naming a guardian for their children, thinking close family will step in. However, the absence of a legal directive can lead to court battles and uncertainty.
How The Real Estate Law Firm Prevents This:
We help parents clearly name and legally authorize a trusted guardian. Our legal documentation ensures the choice stands up in court and aligns with your parenting wishes.
5. Naming the Wrong Executor
The executor of your will is responsible for handling your affairs after your death. Choosing someone who is disorganized, emotionally overwhelmed, or legally disqualified (e.g., a non-resident alien in some jurisdictions) can create delays and errors.
How The Real Estate Law Firm Prevents This:
We guide you through evaluating the responsibilities of an executor and help you select the best candidate—whether a family member, a friend, or a professional fiduciary.
6. Leaving Assets to Minors Without Establishing a Trust
Leaving property or funds directly to a minor can trigger legal complications and court-appointed conservatorships. The minor won’t have control until they reach the age of majority, often at 18.
How The Real Estate Law Firm Prevents This:
We advise clients to set up minor’s trusts or other estate planning vehicles, allowing you to determine how and when a minor should receive their inheritance.
7. Forgetting to Coordinate With Other Estate Planning Tools
Your will should align with other documents like beneficiary designations (on retirement accounts and life insurance), powers of attorney, and advance healthcare directives. Conflicts between these can lead to legal challenges.
How The Real Estate Law Firm Prevents This:
We take a holistic approach to estate planning. Our legal team ensures consistency across your will, trusts, and other estate planning documents.
8. Failing to Properly Sign and Witness the Will
A will is not legally binding unless it is signed and witnessed according to state law. Illinois, for example, requires two witnesses who are not beneficiaries.
How The Real Estate Law Firm Prevents This:
We supervise the execution of all legal documents to ensure full compliance. Our firm provides witnesses and ensures that all formalities are properly observed.
9. Overlooking Digital Assets
Digital assets like cryptocurrency, social media accounts, or online businesses are often forgotten in traditional wills. This can lead to loss of value or access.
How The Real Estate Law Firm Prevents This:
We include specific clauses and legal tools to help secure access to digital assets, allowing heirs to manage or close them per your wishes.
10. Not Communicating Your Wishes Clearly
Even the most well-drafted will can create confusion if your intentions haven’t been communicated clearly to family members. This can cause disputes and resentment among heirs.
How The Real Estate Law Firm Prevents This:
We encourage and facilitate family meetings (if appropriate) and provide documentation that clearly outlines your wishes. Our clear, jargon-free language helps minimize misinterpretations.
Conclusion
Creating a will doesn’t have to be complicated or intimidating, but it does require careful planning and legal guidance. At The Real Estate Law Firm, we are committed to helping individuals and families create legally sound, future-proof wills that reflect their true intentions. By avoiding these common pitfalls, you can rest assured that your legacy is in good hands—and your loved ones are protected.
FAQs
What happens if I die without a will in Illinois?
Your estate will be distributed according to Illinois intestacy laws, which may not align with your personal wishes.
How often should I update my will?
We recommend reviewing your will every 3–5 years or after major life events such as marriage, divorce, or the birth of a child.
Is a handwritten will valid in Illinois?
Illinois does not recognize handwritten wills unless they are properly signed and witnessed under state law.
Can I name multiple executors in my will?
Yes, but it’s wise to consult with a lawyer to ensure their roles are clearly defined to avoid conflicts.
Do I need a lawyer to write a will?
While it’s not legally required, having an attorney from The Real Estate Law Firm ensures your will is legally valid and aligned with your intentions.
Can a will be contested?
Yes, but clear drafting, proper execution, and professional legal oversight greatly reduce the risk of a successful challenge.
What is the role of a witness in a will?
Witnesses confirm that the testator signed the will willingly and appeared to be of sound mind. Illinois requires two impartial witnesses.
Can I disinherit a family member?
Yes, but this should be done clearly and legally. Our firm ensures disinheritance clauses are enforceable.
What are digital assets, and should they be included in a will?
Digital assets include emails, cloud storage, cryptocurrencies, and more. Yes, they should be included and managed through proper estate planning tools.
How can I schedule a consultation with The Real Estate Law Firm?
You can contact us via our website or call our office directly. We offer personalized consultations to help you get started.
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