What if I told you that leaving out the word “the” could completely change how your estate is distributed?
It sounds unbelievable. But in a recent Life, Loss & Legacy episode, estate lawyer Teresa Catalano explained just how easily small drafting mistakes in a will can snowball into major legal problems — especially in DIY versions.
Here are three red flags she sees over and over again, and why they matter more than you think.
1. One Word Can Change Everything
According to Teresa, “The word ‘the’ that’s omitted from a clause can make that clause have a different effect, which then has a different flow-on effect and different impact.”
In other words, legal language leaves no room for guesswork. One missing word, one small change in structure, and a clause can become vague, misleading or completely invalid. The result? Disputes, delays and expensive legal processes.
2. Wrong Property, Wrong Beneficiary
Simple details — like referencing the wrong property or misnaming a beneficiary — are surprisingly common in self-written wills.
For example, someone may intend for one specific home to go to their children, but accidentally list a different property they also own. That kind of oversight doesn’t just complicate things — it can derail the whole plan.
3. Signatures and Witnessing Mistakes
Even if the will’s contents are sound, it won’t hold up if it hasn’t been properly signed or witnessed. And unfortunately, this is one of the most common errors.
Teresa pointed out that many people are writing and signing their own wills without proper legal oversight. Even when intentions are good, the execution often misses key legal requirements.
What’s the cost of getting it wrong?
Badly drafted wills don’t just create administrative headaches. They lead to litigation, delays in distributing assets and enormous emotional strain on the people left behind.
As Teresa said, “We’re seeing a lot of wills drafted by people who simply shouldn’t be doing it.” And while there may be legal recourse for loved ones left to sort things out, it’s often costly, complex and drawn out.
If you’re going to write one thing down — make sure it’s right
A will is one of the most important documents you’ll ever put your name on. If yours hasn’t been reviewed recently, or if you wrote it yourself, it may be worth a second look.
🎧 Listen to the full podcast episode with Teresa Catalano
📞 Book a call with us if you’d like support reviewing your estate plan with the right legal guidance
