Many people write a simple will, assuming their loved ones will “figure things out.” While this sounds like a peaceful mindset, it actually causes confusion and conflict. Without clarity, families often argue over what “fair” really means, leading to fractured relationships and costly legal disputes. Courts don’t interpret wishes—they follow what’s written. If your will lacks detail or relies on verbal agreements, it could spark a major mess. That said, don’t let these seven things become HUGE problems for your family.
1. Naming Co-Executors to Be “Fair”
It’s common to name multiple children as co-executors in an attempt to avoid hurt feelings. But shared decision-making during an emotional time rarely goes smoothly. Differences in opinion, geography, or even personality can slow down or completely stall the probate process. Instead of unity, it often breeds resentment, frustration, and even lawsuits. One capable and trusted executor is usually a far better choice.
2. Leaving Assets to Minors Without a Trust
Leaving money or property directly to a minor might feel generous, but it creates major legal problems. Minors cannot legally manage their own inheritance, so the court will appoint a guardian, who may not be who you’d choose. That guardian must report to the court and follow strict rules, often leading to delays and expenses. When the child turns 18, they get full access, whether they’re financially ready or not. Setting up a trust avoids these complications and protects their future.
3. Making Verbal Promises You Never Put in Writing
Many people have heartfelt conversations with loved ones about their estate plans, but never put those wishes into legal language. These verbal promises can backfire dramatically after death, when there’s no proof of intent. Siblings may argue over who was “really supposed to get” grandma’s heirloom or dad’s classic car. Courts won’t uphold verbal agreements, no matter how sincere. If it matters to you, it must be in writing and legally binding.
4. Assuming a Handwritten Will Is Enough
It might seem simple to jot down your wishes and sign them, but handwritten wills (called holographic wills) are risky. Some states don’t recognize them at all, and even in places that do, they’re often challenged. Without proper witnesses, dates, or clear language, courts may declare the will invalid. Worse, someone could claim the will was forged or written under duress. Using an attorney or will-writing software ensures your wishes stand up in court.
5. “I’ll Let Them Decide What’s Fair”
Trying to appear neutral by letting your kids or loved ones “decide among themselves” can be a recipe for disaster. Without specific instructions, your family is left to navigate emotions, assumptions, and competing priorities. One person’s idea of fairness may seem selfish to another. This ambiguity often creates lasting rifts and bitter disputes. Be specific in how you want assets divided—it’s a kindness, not a cruelty.
6. Including Conditions That Are Difficult or Impossible to Enforce
You might want to leave money only if a grandchild finishes college or a child gets sober, but vague or unrealistic conditions can tie up an estate indefinitely. Courts often struggle with how to enforce such requirements, and beneficiaries may be left waiting or litigating. In some cases, these conditions may even be ruled invalid. While intentions may be noble, too many “if this, then that” clauses complicate everything. Clear and achievable guidelines are much more effective.
7. Not Updating the Will After Major Life Changes
You may have drafted the perfect will a decade ago, but if you’ve had children, divorced, remarried, or experienced a death in the family since then, it may no longer reflect your current wishes. Outdated wills are one of the top causes of problems in wills, especially when old beneficiaries or former spouses are unintentionally left in. State laws don’t always override outdated language. Make a habit of reviewing your will every few years or after any major life change.
A Little Planning Prevents a Lot of Pain
What starts with good intentions can turn into heartbreak, conflict, and legal headaches if your will isn’t thoughtfully planned. The most common problems in wills don’t come from malice—they come from a desire to keep things simple, fair, or flexible. But without clear, enforceable guidance, your wishes may not be honored, and your loved ones may suffer for it. Taking time now to make a solid plan ensures your legacy brings peace, not problems.
Have you ever encountered problems in wills—either your own family’s or someone else’s? Share your experience or thoughts in the comments below. Your insight might help someone avoid a painful mistake.
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