A valid and thoughtfully prepared will plays a vital role in protecting your assets, clarifying your intentions, and easing the burden on loved ones after your passing. However, there are several common missteps that individuals often make during the will-making process—many of which can result in disputes, delays, or even a complete failure to carry out your wishes.

Why Avoiding Mistakes in Your Will Matters

Creating a will is one of the most important steps you can take to protect your loved ones and ensure your final wishes are honored. Yet, even well-meaning individuals can make critical errors during the process—mistakes that could lead to legal battles, emotional distress, or financial hardship for those left behind. Whether you’re drafting your first will or revisiting an existing one, being aware of the most common pitfalls is essential to crafting a valid and effective estate plan.

1. Not Having a Will in Place

One of the most consequential mistakes is never creating a will. Many people delay estate planning, assuming they’re too young, don’t own enough assets, or that everything will “work itself out.”

Why It Matters:
Under Alabama law, if you pass away without a will (known as dying “intestate”), your estate is distributed according to the statutory intestacy rules found in the Alabama Code. These rules prioritize close relatives but may not reflect your personal intentions or family dynamics. For example:

A surviving spouse may share assets with children from a previous relationship.
An unmarried partner or a stepchild may not receive anything under intestacy laws, even if they were dependent on you.
The court will appoint an administrator for your estate, who may not be someone you would have chosen.

What You Can Do:
Even if your estate is modest, having a will ensures that your assets are distributed in accordance with your preferences. It also allows you to name a personal representative to handle your estate and a guardian for minor children.

2. Using Generic Templates Without Legal Review

Online will-making platforms and downloadable templates may offer a low-cost option, but they carry significant risks when not reviewed by a qualified legal professional.

Why It Matters:
Wills are governed by state-specific laws, and a form that complies with another state’s rules may not be valid in Alabama. Additionally, these templates often:

Use vague language that’s open to interpretation.
Lack critical clauses that protect your estate or provide flexibility to your executor.
Overlook how your assets are titled or how your debts should be handled.

Example:
A man uses an online form to leave his home to his daughter, but fails to account for the fact that the home is jointly owned with his second wife. Upon his death, the home passes to his wife by right of survivorship, not to his daughter, causing confusion and conflict.

What You Can Do:
Work with an attorney licensed in Alabama to draft or review your will. A legal professional can ensure your document reflects your true intentions, complies with all legal formalities, and integrates with the rest of your estate plan.

3. Not Updating Your Will Over Time

Estate planning is not a one-time task. A will that was accurate 10 years ago may no longer reflect your wishes or your current life situation.

Why It Matters:
Failure to update your will can result in unintended consequences, such as:

Including a deceased beneficiary or executor.
Excluding new children, grandchildren, or spouses.
Leaving gifts to individuals with whom you no longer have a relationship.

Common Life Events That Require Updates:

Marriage or divorce
Birth or adoption of children or grandchildren
Death of a named beneficiary or executor
Changes in asset ownership (e.g., selling a home or starting a business)
Moving to a new state with different estate laws

What You Can Do:
Review your estate plan every 2–3 years or whenever you experience a significant life change. Keeping your will current ensures your plan continues to serve your needs.

4. Not Naming Alternates for Key Roles

Naming only one executor, guardian, or beneficiary without listing alternates can create problems if that individual is unable or unwilling to serve when the time comes.

Why It Matters:
If no alternate is available, the court may have to appoint a replacement, which can delay the probate process and may result in someone being appointed who does not share your values or understand your intentions.

What You Can Do:
Designate at least one backup for every major role in your will. For example:

If your named executor declines to serve, your alternate can step in.
If a beneficiary passes away before you, your contingent beneficiary ensures that gift doesn’t fall into intestacy.

5. Overlooking Digital Assets

Most individuals today have digital property—whether financial, personal, or sentimental—that holds value but is often forgotten in estate planning.

Examples of Digital Assets:

Online bank or investment accounts
Cryptocurrency wallets
Email and cloud storage
Photo libraries and videos
Business-related digital content (e.g., websites or online stores)

Why It Matters:
Without specific instructions, these accounts may become inaccessible after your death. In some cases, valuable digital assets may be lost entirely.

What You Can Do:
Maintain a secure, up-to-date list of digital accounts and passwords. Include instructions in your will or a separate digital asset memorandum. Alabama follows the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which allows authorized individuals to access digital assets when proper documentation is provided.

6. Not Addressing Debts and Estate Expenses

Many people assume their heirs will receive everything listed in the will without considering outstanding debts or taxes.

Why It Matters:
Under Alabama law, creditors must be paid before distributions to heirs. This means:

Assets may need to be liquidated to cover funeral expenses, medical bills, or remaining mortgage balances.
Heirs may receive less than expected.
Failure to plan for these expenses can cause financial stress for surviving family members.

What You Can Do:
Ensure your estate has enough liquid assets or insurance to cover anticipated costs. You can also include directions for how certain debts should be paid, or clarify which assets should be used first to satisfy obligations.

7. Using Vague or Unclear Language

The language you use in your will must be specific and unambiguous to avoid legal disputes.

Why It Matters:
Broad or unclear phrases—like “divide everything equally among my children”—can create confusion, particularly in blended families or when the term “children” includes stepchildren or adopted children.

What You Can Do:
Use full legal names and define relationships clearly. Instead of saying “my house,” describe it by its legal address. Explain how you want assets divided and consider adding explanatory notes for unusual choices to help prevent misunderstandings.

8. Improper Execution of the Will

Improper execution is one of the most common reasons a will is invalidated in probate.

What Alabama Law Requires:

The testator must sign the will (or direct someone to sign on their behalf).
The will must be witnessed by at least two individuals.
Witnesses should not be beneficiaries, as this may raise concerns about undue influence.

What You Can Do:
Execute the will in the presence of two disinterested witnesses, ideally under the supervision of an attorney. Include a self-proving affidavit to simplify the probate process and help verify the document’s authenticity without requiring witness testimony.

9. Failing to Coordinate Your Will With Beneficiary Designations

Not all assets are distributed through a will. Certain accounts and property types pass directly to beneficiaries named in legal documents.

Examples Include:

Life insurance policies
Retirement accounts (401(k), IRA)
Payable-on-death bank accounts
Jointly owned property with rights of survivorship

Why It Matters:
If your will names one person to receive an asset, but the account designates someone else, the account designation usually prevails. This can unintentionally disinherit individuals or contradict your overall estate plan.

What You Can Do:
Review and update your beneficiary designations regularly—especially after major life changes—to ensure they are aligned with your will.

10. Not Informing Anyone About Your Will

Creating a well-drafted will is only part of the process. Your personal representative must be able to locate the document when needed.

Why It Matters:
If your will cannot be found, or if multiple versions are discovered, probate may be delayed, or the wrong version may be used.

What You Can Do:

Inform your chosen executor and at least one family member where your original will is stored.
Consider keeping it in a secure, fireproof location.
Avoid placing it in a locked safety deposit box unless someone has legal access to it after your death.

Final Thoughts

Taking the time to create a clear and legally compliant will can prevent confusion and reduce the risk of conflict among surviving family members. Each person’s situation is different, and careful planning can help ensure your wishes are carried out as intended under Alabama law.

For assistance with will preparation or estate planning, contact Thiry & Caddell LLP at (251) 478-8880. Our team can help you navigate the process in accordance with current laws and your individual circumstances.

Disclaimer: This content is for informational purposes only and does not constitute legal advice. For guidance regarding your specific situation, please consult a licensed attorney.

Common Mistakes to Avoid When Creating a Will