A poorly drafted will can leave behind more than confusion — it can leave conflict.
Wills are supposed to give clarity, comfort, and certainty. But not all wills achieve that. In fact, when drafted poorly, they can create exactly the kind of mess people were trying to avoid — family conflict, legal disputes, delays, and costs.
In a recent Life, Loss & Legacy podcast episode, Jordan Vaka spoke with Teresa Catalano, accredited estates specialist at iWills Legal, about the most common mistakes she sees in wills. Whether you’re writing your own, reviewing a parent’s, or just want to understand what makes a good one, this post outlines what can go wrong — and how to avoid it.
1. Vague or Incomplete Instructions
One of the biggest red flags Teresa sees in homemade or templated wills is vague language. Saying “my assets go to my children” might seem straightforward, but without specifics — which children? what assets? in what share? — families are left to interpret what was meant. That’s how disputes begin.
Tip: Be precise. List full names, clearly outline what goes to whom, and avoid general phrases like “all my belongings” without explanation.
2. No Contingency Planning
Many wills name a single executor or beneficiary without a backup plan. But what happens if that person has passed away or is unwilling to take on the role?
Without alternatives written into the will, families can face significant delays and legal costs trying to resolve who should step in.
Tip: Always name alternate executors and beneficiaries. Life changes — your will should account for that.
3. DIY Wills That Don’t Meet Legal Standards
Teresa warns that one of the most common issues is wills drafted at home without legal input. While well-intentioned, they’re often missing key legal requirements — like correct witnessing or clear structure — which can render them invalid or open to challenge.
Tip: Even if you want to write your own will, speak to a legal professional to ensure it meets the standards required in your state.
4. No Conversation With Family
This is where Jordan sees many clients get stuck. Even a well-drafted will can cause confusion or resentment if the family never had the chance to talk about it. Silence can breed suspicion, especially when outcomes are unexpected.
Tip: Where possible, have a conversation with your loved ones about your intentions. It doesn’t have to be formal, but it can prevent a world of hurt.
Closing Thoughts:
Wills aren’t just about who gets what. They’re about reducing stress for the people you leave behind. As Teresa shared in our episode, many of the issues that cause conflict, delay, and distress are completely avoidable — with the right preparation and advice.
Hear more from estate specialist Teresa Catalano in our podcast episode on what goes wrong when wills aren’t drafted well. Listen to the episode here.
Need help figuring out what comes next? Get in touch with Planning Solo. We’ll help you navigate your next steps with clarity, compassion, and care.
