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Testamentary · 28 November 2025

Five Mistakes to Avoid When Drafting Your Will

A poorly drafted will can undo a lifetime of careful planning. Here are the recurring drafting errors we see in probate disputes.
Five Mistakes to Avoid When Drafting Your Will

Ambiguous language over jointly-held or nominated assets frequently invites litigation. A will should clearly identify assets, exclude those held in survivorship, and address nominations that operate as trustees rather than beneficial owners.

Witnesses matter. Two witnesses must attest the signature — beneficiaries and their spouses should be avoided as attesting witnesses to prevent challenges to the bequest.

Executor appointment is often overlooked. A named executor smooths probate and ensures continuity of administration.