Creating a will is one of the most important steps you can take to protect your family and assets. A well-prepared will ensures your wishes are carried out after you’re gone and helps prevent conflicts among your loved ones. However, many people make mistakes during the drafting process that can create serious problems later.
Understanding these common errors can save your family time, money, and unnecessary stress.
Failing to Update Your Will
Life doesn’t stand still, and neither should your will. Major life changes can significantly affect your estate plan, including getting married or divorced, having children, the death of a beneficiary, acquiring new assets, or moving to Florida from another state.
An outdated will may not reflect your current wishes and could lead to disputes among heirs. For example, if you get divorced but never update your will, your ex-spouse might still be named as a beneficiary. Review and update your will every few years or whenever you experience a major life event.
Not Choosing the Right Executor
Your executor is the person responsible for managing your estate and carrying out your instructions after you die. This job involves handling financial matters, dealing with creditors, filing paperwork, and distributing assets according to your will.
Failing to name an executor or choosing someone unprepared for the responsibility can cause serious delays and confusion. Choose someone who is trustworthy, organized, capable of handling legal and financial matters, and willing to take on the responsibility. You should also name an alternate executor in case your first choice is unable to serve.
Using Vague or Unclear Language
Vague language in a will creates misunderstandings and invites legal challenges. For example, leaving assets to “my friends” or “my children” without naming specific people can lead to disputes about who you meant.
Be specific about exactly who receives each asset by using full legal names. Provide clear descriptions of property and belongings. State specific dollar amounts or percentages. The clearer your instructions, the less room there is for confusion or disagreement among your beneficiaries.
Ignoring Florida’s Legal Requirements
Florida law has specific requirements that make a will legally valid. Your will must be in writing, signed by you at the end of the document, and witnessed by at least two people who are present at the same time. The witnesses cannot be beneficiaries in the will.
If your will doesn’t meet these requirements, a Florida court may declare it invalid. This means your estate would be distributed according to state law instead of your wishes. Working with a qualified attorney ensures your will meets all legal standards and will hold up in court if challenged.
Forgetting About Digital Assets
In today’s world, digital assets are increasingly important. Many people forget to address online banking and investment accounts, email and social media accounts, cryptocurrency, cloud storage with important documents, online businesses, or digital collections.
Without clear instructions, your family may have trouble accessing these accounts or may not even know they exist. Include digital assets in your will and consider creating a separate document with login information stored securely.
Not Naming a Guardian for Minor Children
If you have children under 18, one of the most important decisions you’ll make is naming a guardian to care for them if both parents die. Without this designation in your will, a Florida court will decide who raises your children. The court’s choice may not align with your wishes.
When choosing a guardian, consider their values and parenting style, financial stability, relationship with your children, and willingness to take on this responsibility. Talk to potential guardians before naming them to make sure they’re willing and able to care for your children.
Relying on DIY or Online Wills
Online templates and do-it-yourself will kits may seem convenient and affordable, but they often lack the legal language and structure needed to avoid problems. Florida has specific laws about what makes a will valid, and generic templates don’t always account for these requirements.
A poorly drafted will can lead to legal challenges from disappointed family members, confusion about your intentions, additional legal fees to sort out problems, delays in distributing your estate, and assets going to the wrong people. The money you save on a cheap will kit may end up costing your family much more in legal fees and stress.
Not Communicating Your Plans
Even with a properly drafted will, family members may be surprised or confused by your decisions. While you don’t have to share every detail, discussing your general plans with key beneficiaries and your executor can help prevent misunderstandings and hurt feelings.
This is especially important if you’re leaving unequal amounts to different children, giving assets to non-family members, or appointing someone unexpected as executor.
Overlooking Taxes and Debts
Your estate may owe taxes or have outstanding debts when you die. If you don’t plan for these obligations, they could reduce what your beneficiaries receive. An experienced attorney can help structure your estate plan to minimize tax burdens and ensure debts are handled properly.
Storing Your Will Improperly
A will that can’t be found is almost as bad as not having one at all. If your will is lost or destroyed, your estate may be distributed according to Florida’s intestacy laws instead of your wishes.
Store your will in a safe, fireproof location and tell your executor and close family members where to find it. Consider keeping it in a safe deposit box or with your attorney. Don’t store it in a place where it could be easily damaged or accidentally thrown away.
Getting the Help You Need
Avoiding these common mistakes makes the estate planning process smoother and protects your family from unnecessary complications. A will is too important to leave to chance or cut corners on. Working with an experienced estate planning attorney ensures your will is legally valid, comprehensive, and accurately reflects your wishes.
If you need help drafting or updating a will, Compo Law Firm LLC can guide you through every step of the process. Taking the time to create a proper will now gives you peace of mind and protects the people you care about most.