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Sign up nowThe six mistakes that could invalidate your will
We explain why you should review your will every three years
Dying without a will could mean the people you care most about don't receive anything from your estate – and even once you've written a will, you'll need to keep it in date.
A third of the 1,052 Which? members we surveyed in May told us they hadn't updated their will in the past five years.
But if your will doesn't reflect your circumstances, it could prevent your wishes from being carried out.
Here, Which? looks at six common mistakes that could cause issues for your loved ones, and the different ways you can create a will.
1. Not getting it witnessed correctly
James Buchan, solicitor at Which? Wills, says: ‘One of the biggest issues with DIY wills is people making sure it’s signed and witnessed correctly.’
For a will to be valid in England, Wales and Northern Ireland, it must be signed in the presence of two independent witnesses over the age of 18. In Scotland, you only require one witness over 16.
After you’ve signed the document, you must watch the witnesses sign it.
This doesn’t have to be in person. In 2020, temporary legislation was introduced to allow wills to be witnessed remotely while social distancing was active; this will continue until January 2024. The quality of the sound and video has to be clear enough to see and hear what is happening.
To avoid your will being challenged, your witnesses should not be a beneficiary of your estate.
- Find out more: video-witnessed wills extended until 2024
2. Only doing it once
‘People can be so relieved that they have completed their will, they put it in a drawer and forget all about it,’ says James. ‘It’s important to remember that a will is not necessarily a once-in-a-lifetime event.’
If you don’t regularly review your will, it means that any mistakes might not be discovered until after you die, leaving your friends and family to deal with them.
As a rule of thumb you should look to review your will every three years and whenever your family or financial circumstances change significantly.
Research done on behalf of Solicitors for the Elderly has found that almost half of UK wills could be out of date due to life-changing events such as marriage, divorce and death.
In England, Wales and Northern Ireland, getting married or forming a civil partnership revokes a pre-existing will (this isn’t the case in Scotland).
It’s possible to avoid this by making a will ‘in contemplation’ of a forthcoming marriage or civil partnership.
While divorce will not automatically invalidate a will, your former spouse is treated as though they are deceased, which means you won’t be able to name them as either an executor or a beneficiary unless you create a new will.
- Find out more: how to make a will
3. Being too specific
Although it’s important to be clear about your wishes, being too specific could lead to confusion and cause your will to become out of date.
For example, if you state that you wish to leave your BMW to your eldest child, then later replace it with an Audi without updating your will, your other children could dispute your eldest’s right to inherit the car.
Similarly, if you specify that you wish to leave £10,000 split evenly between your grandchildren, for example 'Sarah and Lewis' – any future grandchildren born later will be excluded, because they’re not named.
Stating simply that you wish £10,000 to be shared between all your grandchildren, without including names, will mean any new children living at your death are automatically included.
- Find out more: could your will be contested after your death?
4. Failing to take tax into account
If you have a complicated estate, it’s worth taking regulated financial advice or using a will-writing service that includes tax and inheritance planning.
‘Not everyone wants to do tax planning, but it’s always something we talk about with people,’ says Amy Wallhead, a partner at Culver Law and a national director for Solicitors for the Elderly.
'For example, if one of your children has special needs, or has an accident, and they inherit money from your estate, this could impact their means-tested benefits. If you take advice, you will be made aware of mechanisms you can use, such as vulnerable beneficiary trusts to ensure that their money is looked after and they’re in the best position they can be.’
- Find out more: Inheritance tax and trusts
5. Not talking about it
Distributing someone’s assets is a big responsibility, one that can be stressful and time consuming.
It's important to think carefully before choosing an executor and to make them aware that you’ve named them.
One in five executors only found out about their role after the person who appointed them died, according to Exizent’s Bereavement Index.
Executors are not only responsible for making sure your wishes are followed: they must also locate the will and access the original copy of it, so make sure you let them know where it’s being stored.
One in 10 Which? members told us they have had to search for a relative’s will in the past. If the executor is unable to find the will, your estate will be distributed in line with intestacy rules.
6. Not following the correct process for making changes
You can’t amend your will after it has been signed and witnessed, but you can make official alterations with what’s known as a codicil. This must be witnessed and signed in the same way.
A codicil is appropriate for something simple like changing your executor, and there are no limits to the number of times you can add one.
But it shouldn’t be used for major changes – for example, removing a beneficiary. In these situations, it’s best to draw up a new will.
Otherwise, the original will and codicil both become public when you die, which could lead to family disagreements.
The price of a codicil can vary depending on the complexity and service you are using. Which? Wills charges £39 per codicil.
- Find out more: how to make a will for free
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Listen nowHow much does it cost to create a will?
Although many people seek help, you can do it yourself. Here are your main options for creating a will and the different costs involved.
Do it yourself
This is the cheapest option but only suitable if your will is very simple. If you have more complex circumstances, you risk making a mistake that could make your will invalid or ambiguous.
Should you go down the DIY route, it’s crucial that the will covers all the major assets you own and that the document is witnessed correctly.
Cost: As little as £10 for a basic template.
- Find out more: what to put in your will
Use a will-writing service
If you'd rather not go down the DIY route but are reluctant to pay for a solicitor, this is a good middle ground.
Make sure the will writer you choose is recognised by a regulatory body within the industry, or by a regulated individual, like a solicitor.
The Which? Wills team is supervised by a solicitor regulated by the Solicitors Regulation Authority. Prices start from £99.
Cost: Starts at around £80, rising to a few hundred pounds depending on the complexity of your estate.
Use a solicitor
This is likely to be your best option if your circumstances are particularly complex. For example, the solicitor can advise on how to save your family an inheritance tax bill.
They will write the document for you and make sure everything is in order – and they’ll usually store the will for you for free.
Make sure the solicitor is regulated by the Solicitors Regulation Authority (England and Wales), the Scottish Law Society, or the Northern Ireland Law Society.
Cost: Around £500 for a standard, uncomplicated will, according to a recent survey of members of the Society of Trust and Estate Practitioners.
- Find out more: Will trusts and lifetime trusts
