Writing a will is one of those things people put off. It feels complicated, and it’s easy to think you have plenty of time. But mistakes in your will can have real consequences, especially for your grandchildren. Many families assume their assets will automatically pass down, but that’s not always true. Small errors or oversights can mean your grandchildren get left out, even if that’s not what you want. If you want to ensure your legacy reaches the next generation, it’s essential to avoid these common will mistakes.
1. Not Naming Grandchildren Directly
A lot of people assume that if they leave everything to their children, their grandchildren will eventually benefit. But life doesn’t always go as planned. If your child passes away before you, and your will doesn’t mention your grandchildren by name, they might get nothing. Some states have laws that protect grandchildren in these cases, but not all do. The safest way is to name your grandchildren directly in your will. List their full names and what you want them to receive. This clarifies your wishes and helps avoid confusion or legal disputes later.
2. Relying on Verbal Promises
It’s common for grandparents to make promises to their grandchildren about what they’ll inherit. But if it’s not in writing, it doesn’t count. Wills are legal documents, and only what’s written in them matters. Verbal promises, letters, or even emails usually won’t hold up in court. If you want your grandchildren to get something specific, put it in your will. Don’t assume your family will “just know” what you want. Clear instructions in your will are the only way to make sure your wishes are followed.
3. Failing to Update the Will After Major Life Changes
Life changes fast. Grandchildren are born, people get married or divorced, and sometimes family members pass away. If you don’t update your will after these events, your grandchildren could be left out. For example, if you wrote your will before your youngest grandchild was born, they might not be included. Or, if a family member you named as a beneficiary dies, their share may not automatically pass to their children. Review your will every few years, or after any significant life event, to ensure it still reflects your current wishes. The American Bar Association recommends reviewing your will regularly to keep it current.
4. Using Vague or Generic Language
Wills need to be specific. If you use phrases like “my grandchildren” or “my descendants,” it can cause problems. Who counts as a grandchild? What if you have step-grandchildren or adopted grandchildren? Courts might interpret these terms differently than you expect. To avoid confusion, list each grandchild by name and, if possible, include their date of birth. If you want to include step-grandchildren or other relatives, please specify this. The more specific you are, the less likely your wishes will be challenged or misunderstood.
5. Ignoring State Laws and Tax Rules
Every state has its own rules about wills and inheritance. Some states have “anti-lapse” laws that protect grandchildren if their parent (your child) dies before you. Others don’t. Taxes can also eat into what your grandchildren receive. If you leave a large sum, estate or inheritance taxes might apply. Not planning for these can mean your grandchildren get less than you intended. It’s a good idea to talk to an estate planning attorney who knows your state’s laws. The IRS provides information on federal estate taxes, but state rules can vary significantly.
6. Not Setting Up a Trust When Needed
Sometimes, just naming your grandchildren in your will isn’t enough. If they’re minors, they can’t inherit directly. The court might appoint someone to manage the money until they turn 18 or 21, and it might not be who you would choose. Setting up a trust allows you to control how and when your grandchildren receive their inheritance. You can decide at what age they receive money, or set rules for how it’s used. Trusts can also protect assets from creditors or divorce. If you want to ensure your grandchildren are taken care of, a trust is often the best option.
Protecting Your Grandchildren’s Future Starts Now
Making a will isn’t just about dividing up your stuff. It’s about ensuring the people you care about are protected, even when you’re not there. Grandchildren can easily be left out if you make any of these common will mistakes. By naming them directly, keeping your will updated, using clear language, understanding the law, and setting up a trust if necessary, you can help ensure your legacy reaches the next generation. It’s not always easy to think about, but a little planning now can make a big difference for your family’s future.
Have you seen families struggle with these will mistakes? What advice would you give to others planning their estate? Share your thoughts in the comments.
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