Common Mistakes People Make in Their Wills

What are the most common mistakes people make in their wills? The most frequent will mistakes include using vague language, forgetting to update the will, and accidentally excluding key beneficiaries.  

These errors can create confusion, disputes, or even invalidate parts of the will after you pass away. When it comes to writing your will in Queensland (QLD), clarity, accuracy, and legal compliance are key.  

Unfortunately, many people – whether they write their wills themselves or use online templates – make avoidable errors. Below, we’ll outline a range of the most common mistakes and provide practical will writing tips to help you avoid them. 

1. Using Vague or Ambiguous Language 

Clarity is critical. Phrases like "my jewellery" or "my house" can be misunderstood if you own multiple items. Be specific with names, addresses, and item descriptions to avoid disputes. 

2. Not Updating the Will After Major Life Events 

A will should evolve with your life. Births, deaths, marriages, divorces, and asset changes are all valid reasons to review and update your will. Failing to do so may lead to outdated instructions that no longer reflect your wishes. 

3. Leaving Out Key Beneficiaries 

It’s surprisingly common for people to unintentionally omit important people, such as stepchildren, grandchildren, or long-term partners. This can result in hurt feelings – or worse, legal challenges. Even long-term friends who were promised something by you throughout your lifetime could have a valid claim on your estate.  

4. Not Appointing a Suitable Executor 

The executor manages your estate, so choose someone trustworthy, organised, and capable of handling administrative tasks. Avoid selecting someone simply out of obligation if they are not up to the job and avoid appointing multiple people who are unable to cooperate effectively and efficiently. 

5. DIY Wills Without Legal Guidance 

Some Australians attempt to write their own wills using templates found online. While this might seem cost-effective, it's risky. DIY wills can fail to meet legal standards or include incorrect wording, rendering them invalid. 

If you're in Brisbane or anywhere in QLD, it’s advisable to consult a professional for guidance. A solicitor ensures your will is valid and legally sound, helping you avoid costly mistakes or leaving your family with the headaches.  

6. Forgetting to Revoke Previous Wills 

Each new will should clearly state that it revokes all previous wills. Failure to do this may lead to confusion or challenges if multiple documents exist. 

7. Improper Signing and Witnessing 

Queensland law has strict requirements around signing and witnessing a will. If the requirements of the Succession Act are not followed exactly, the will can be contested or rejected. Two witnesses are needed, and they must not be beneficiaries. 

8. Making Handwritten Amendments (Codicils) Incorrectly 

Handwritten edits (codicils) must also follow strict legal processes. Simply crossing something out or writing a note in the margin is very unlikely to hold up in court. 

9. Ignoring Superannuation and Life Insurance Nominations 

Superannuation and life insurance often fall outside the scope of a will. You must make binding nominations with your super fund or insurer separately to ensure those assets go where you want them to. 

10. Failing to Consider Tax Implications 

Certain bequests may carry tax consequences for beneficiaries. For instance, capital gains tax can apply in some cases. With the assistance of your accountant and/or financial planner, a solicitor can help structure your will to minimise potential tax burdens. 

11. Not Accounting for All Assets 

People often overlook assets such as shares, overseas property, digital assets (e.g., cryptocurrencies), or business interests. Ensure your will accounts for everything you own. 

12. Failing to Make Backup Plans 

What happens if a beneficiary or executor dies before you do? Always include alternate executors and backup beneficiaries in your will to cover unforeseen events. 

13. Not Storing the Will Properly 

Even a well-written will is useless if it can’t be found. Always store your original will in a secure but accessible place, such as a solicitor’s office, the Public Trustee, or a bank safety deposit box. Let someone you trust know where it is. 

14. Using General Phrases Like "Divide Equally" Without Clarity 

If you say to divide your estate equally between “my children” but don’t name them, it can be ambiguous – especially if you have estranged or stepchildren. Always use full names and details. 

15. Assuming Verbal Wishes Are Enough 

No matter how many times you’ve told your family what you want, verbal instructions won’t hold legal weight. Only the written and witnessed will counts under Queensland law. 

16. Overlooking Debts and Liabilities 

Your estate pays off debts before distributing the remainder to beneficiaries. If you don’t account for liabilities like mortgages or loans, your beneficiaries may receive far less than you intend. 

17. Trying to Disinherit Someone Without Explanation 

In QLD, completely excluding close family members (such as children or spouses) can lead to legal claims under the Succession Act 1981. If you intend to do this, you must document clear reasoning and consult a solicitor to reduce the risk of a challenge. 

18. Failing to Include Funeral Instructions 

While not legally binding, including funeral preferences in your will can help your loved ones make arrangements in line with your wishes. However, because wills are sometimes read after the funeral, it’s also good to communicate your wishes separately. 

19. Assuming Your Spouse Will Automatically Get Everything 

This is a common misconception. If you die without a valid will, intestacy laws apply, and your estate might be split between your spouse and children. A will ensures your spouse receives what you intend. 

20. Not Seeking Professional Help 

The biggest mistake? Going it alone. Even if your estate seems “simple,” every family and financial situation is different. Consulting a solicitor ensures your will is tailored to your needs and legally valid. 

Quick Will Writing Tips for QLD Residents 

Here are a few practical tips if you're preparing your will in Queensland: 

• Review your will every 2–3 years, or after any major life event. 

• List all assets and liabilities clearly and update them as needed. 

• Talk to your family – transparency can prevent disputes later. 

• Use full legal names when naming beneficiaries or executors. 

• Consider your digital assets (email accounts, crypto, social media). 

• Get legal advice to ensure your will reflects Queensland law. 

Why Wills Matter More Than You Think 

A well-drafted will protects your family, your assets, and your legacy. It prevents unnecessary stress for your loved ones and ensures that your wishes are honoured. In contrast, a poorly written or invalid will can lead to court battles, hurt feelings, and unexpected outcomes let alone significant unnecessary costs.  

Even seemingly small errors – like forgetting to sign properly or using imprecise language – can have significant consequences. And in many cases, these issues only surface after you’re gone, when it’s too late to fix them. 

Need Help With Your Will? 

Avoid the common will mistakes Brisbane residents often face. The experienced team at Drakos & Company Solicitors can help you draft a legally valid will that reflects your unique circumstances and protects your loved ones. 

Contact Drakos & Company Solicitors today to get peace of mind for the future. 

We’re here to help you get it right – the first time.