Common Mistakes to Avoid When Writing Your Will

This content has been reviewed and edited by an Investment Advisor Representative working for Global Predictions, an SEC-registered Investment Advisor.

Estate planning is a crucial process that you tackle to ensure your assets are properly handled and distributed as you wish upon your departure. However, it's easy to fall into several common traps that can complicate or even compromise the distribution process. Today, we’ll explore some typical mistakes many make during development and offer suggestions on how to sidestep these issues.

1. Failure to Update Your Will Regularly

A significant oversight in estate planning is not revising your will to reflect major life changes, such as marriage, divorce, the birth of children, or the death of a beneficiary.

• Suggestion: Reassess your will every three to five years or after significant life events to ensure it remains aligned with your current situation.

2. Neglecting to Choose an Appropriate Executor

The role of an executor is crucial — they manage the execution of your will as intended. Commonly, individuals appoint executors without fully considering whether they possess the necessary organizational skills or time for the role.

• Consideration: When selecting an executor, you might want to ensure they understand the responsibilities and agree to take them on. Depending on the complexity of your estate, appointing a professional executor could be something to consider.

3. Providing Vague or Incomplete Instructions

A will that contains unclear or incomplete instructions can lead to disputes among your heirs.

• Example for Consideration: Instead of a broad statement like "distribute my assets to my children," specifying exact proportions or amounts to minimize potential conflicts.

4. Relying Solely on DIY Will Kits

DIY will kits are often cost-effective, but if your estate involves complex issues or substantial assets, they might not be right.

• Insight: Consulting with a professional in estate planning can ensure your will is comprehensive and adheres to relevant state laws—this could be more beneficial than a one-size-fits-all template.

5. Overlooking the Benefits of Trusts

It's a common misconception that trusts are only useful for the wealthy. Trusts can offer several benefits, like reducing estate taxes and providing for minors.

• Scenario to Ponder: By placing assets in a trust, they are managed according to your stipulations, potentially providing greater control over their distribution (e.g. mandating that your children do not get access until they are 18 years old, or have finished college).

6. Disregarding Sentimental Asset Allocation

Besides high-value assets, conflicts often arise from items with sentimental value.

• Practical Thought: It might be wise to explicitly mention all items—regardless of their monetary value—and specify their intended recipients to avoid possible disputes.

The Continuous Journey of Effective Estate Planning

Estate planning is an ongoing process that benefits from careful, continuous management. The real value often lies not only in drafting a document but in creating a clear, carefully considered plan that represents your financial legacy accurately. By navigating around common pitfalls and considering the use of comprehensive tools and professional advice, you could establish a robust estate plan. This awareness and approach may help ensure that your wishes are honored appropriately.