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By The Wyoming LLC Attorney Team

Jun 14, 2022

Five Common Will Mistakes

Estate Planning


Estate planning is important, but common mistakes in Will preparation can lead to unintended consequences. This article discusses five such errors, emphasizing the importance of updates, simplicity, beneficiary considerations, and a residuary clause for a comprehensive and accurate Will.

Estate planning is a vital aspect of financial security, but it's essential to avoid common mistakes that could lead to unintended consequences. We'll explore five prevalent errors in Will preparation that can have significant implications for your assets and beneficiaries. From failing to update your Will after major life events to overlooking beneficiary designations, we'll delve into these pitfalls to help you make informed decisions and ensure your Will reflects your intentions accurately.

Avoid These 5 Common Mistakes

  1. Forgetting to Update Your Wil
    After experiencing a major life event, it’s important to always take another look at your last Will. Not doing so can create serious issues and result in accidental inheritances. Any major event can affect the way your Will operates, so regular checks are crucial to making your Will exactly how you want it.
  2. Overcomplicating a Gift
    Life is constantly changing, so when a gift in a Will has certain requirements that need to be met there can be unintended consequences. Keeping gifts as simple as possible is important to keeping a Will functional and avoiding unwanted complications.
  3. Not Planning for the Death of a Beneficiary
    If one of the beneficiaries of your Will were to die, where does the money they were meant to receive go? It could be another beneficiary, a family member, a child, etc. but because there are so many potential alternatives, defining clear backups can streamline a Will and keep the proceedings equitable.
  4. Ignoring Beneficiaries
    Many financial accounts and insurance policies have designated beneficiaries for their funds should the original owner pass away. These designations are considered before your Will, so even if a change to the Will is made, a conflicting designation could still be followed if it is not also updated.
  5. Not Having a Residuary Clause
    Depending on the number of possessions being left in a Will, sometimes items or funds can be forgotten and left out. A residuary clause can catch these items that have been forgotten or don’t have a beneficiary to go to and ensure that none of your property is excluded from your Will, even when not explicitly mentioned.

Final Thoughts

Steering clear of these common Will mistakes is pivotal in securing your estate's future and ensuring your intentions are accurately reflected. To begin your estate planning process, we recommend connecting with an experienced estate planning attorney to guide you through the process.