Homemade Wills: Common Mistakes That Can Cause Big Problems
By Melissa Howman
Published: 31 August 2026
Last Reviewed: 31 August 2026
About the Author
Making Your Own Will May Not Be the Saving You Think It Is
For many people, making a Will feels like a task that can be safely left until another day. When they eventually decide to put one in place, online templates and DIY Will packs can appear to offer a quick and inexpensive solution.
Common Mistakes Found in Homemade Wills
Not Understanding Jointly Held Property
One of the biggest misconceptions is that a Will controls everything a person owns. In reality, this is not always the case as jointly owned assets do not always follow your Will.
Property owned jointly with another person may pass automatically to the surviving owner, regardless of what your Will says. This commonly applies to property owned as joint tenants, where the deceased’s share passes automatically by the right of survivorship.
Many homemade Wills attempt to leave a jointly owned property to someone else, only for the family to discover that this gift cannot take effect because the property has already passed to the surviving joint owner.
Understanding how your assets are owned is an essential part of effective estate planning.
Failure to Plan for Changing Circumstances
Life circumstances change regularly. Beneficiaries can die, relationships can break down and family arrangements can become more complex.
A well-drafted Will should anticipate unexpected circumstances. For example, what happens if a beneficiary dies before you? Without an appropriate “gift over” provision, that gift may fail entirely.
This can result in part of your estate being distributed under the intestacy rules rather than according to your wishes.
A professionally drafted Will considers these possibilities and provides clear alternative beneficiaries where appropriate.
Mistakes Made When Signing and Storing a Will
Choosing the wrong witness
The law sets strict rules about who can witness a Will.
Missing or Incorrect Dates
While a Will is not always invalid simply because it is undated, failing to include the correct date can create uncertainty.
If more than one Will exists, the date helps establish which document is the most recent. An incorrect or missing date may make it difficult to determine which Will should be followed and can increase the likelihood of disputes between beneficiaries.
Ensuring that the Will is properly dated at the time of signing provides valuable clarity.
Handwritten Changes and Removed Staples
Many people believe they can simply cross out a clause, add a note in the margin or make handwritten changes after signing their Will.
In most cases, these alterations are not legally effective unless they are executed with the same formalities required for making a Will. Changes made after execution without proper witnessing can be ignored, creating confusion and potentially leading to outcomes the testator never intended.
If your circumstances change, it is usually safer to prepare a formal codicil or, in many cases, a new Will.
It may seem surprising, but something as simple as removing or replacing a staple can create complications.
A staple hole may suggest that pages have been removed or replaced after the Will was signed. This can lead to unnecessary investigations, delays and, in some cases, disputes over whether the Will reflects the deceased’s true intentions.
For this reason, it is important to keep the original Will intact and avoid removing staples or separating pages.
Unwitnessed Codicils
A codicil is a legal document used to amend an existing Will.
Some people prepare a codicil themselves but fail to have it signed and witnessed correctly. An unwitnessed codicil is unlikely to be legally valid, meaning the intended changes may have no legal effect.
If you wish to amend your Will, it is important that any codicil complies with the same legal requirements as the original Will.
Why Professional Advice Can Prevent Costly Problems
Avoiding the Risk of Partial Intestacy
One of the most significant consequences of a poorly drafted homemade Will is partial intestacy.
Partial intestacy occurs when a Will fails to dispose of all of a person’s estate. This might happen because:
- A gift fails and there is no alternative beneficiary.
- Certain assets have been overlooked.
- A beneficiary dies before the person making the Will.
- The wording of the Will is unclear or incomplete.
The Cost of Getting It Wrong
Many people prepare their own Will in an effort to save money.
- Delays in administering estates.
- Additional legal fees.
- Disputes between beneficiaries.
- Difficulties obtaining probate.
- Challenges regarding the interpretation of the Will.
If you already have a homemade Will, or if your circumstances have changed since your Will was prepared, it is sensible to have it reviewed by an experienced solicitor.
Frequently Asked Questions About Homemade Wills
Are homemade Wills legally valid?
A homemade Will can be legally valid provided it complies with all of the legal requirements for making a Will. However, mistakes in drafting, signing or witnessing the document can render parts of the Will ineffective or create uncertainty after death. Even where a homemade Will is valid, poor wording can lead to disputes and unintended outcomes.
Can I make changes to my Will by writing on it?
Generally, no. Crossing out clauses, adding notes in the margin or making handwritten amendments after a Will has been signed will not usually be legally effective. If you wish to make changes, it is safer to prepare a formal codicil or a new Will.
Can a beneficiary witness my Will?
A beneficiary should not act as a witness to your Will. Whilst the Will itself may remain valid, any gift made to that beneficiary could fail. The same issue can arise if the witness is the spouse or civil partner of a beneficiary. Independent witnesses should always be used.
What happens if a beneficiary dies before me?
If a beneficiary dies before you and your Will does not include an alternative beneficiary or “gift over” clause, the gift may fail. This can result in the asset being distributed under the intestacy rules rather than in accordance with your wishes. A professionally drafted Will should anticipate this possibility and provide for alternative beneficiaries.
Should I have my homemade Will reviewed by a solicitor?
Yes. A review can identify potential problems before they cause difficulties for your family. If your circumstances have changed, you have acquired new assets, or your Will was prepared using a DIY template, having it reviewed by a solicitor can provide reassurance that your wishes will be carried out effectively and that the document complies with current legal requirements.
Feedback from clients and Chambers & Partners
“Their ability to anticipate potential issues and provide guidance beyond the purely legal, such as considering family dynamics and long-term planning objectives, adds real value.”
Chambers High Net Worth Guide 2026 – quote from respondent
“Melissa helped me put together my will and made what could have been a daunting process feel straightforward and stress free. She took the time to explain all of the available options clearly, without unnecessary legal jargon, and guided me through each step with care and professionalism.”
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Do You Need to Review Your Will?
If you already have a homemade Will, it may be worth having it reviewed by an experienced solicitor, particularly if:
- You have married or divorced.
- You have purchased property.
- You own assets jointly with another person
- Your family circumstances have changed.
- A beneficiary or executor has died.
- Your Will has not been reviewed for several years.
A simple review today could help prevent significant difficulties for your loved ones in the future.
Contact us for further advice about Wills
Our solicitors specialise in private client law and can advise on all aspects of Wills, Probate, Trusts, Lasting Powers of Attorney and Court of Protection matters.
To book a free initial consultation with Melissa or one of our other solicitors, please call us on 01260 769 639. Our solicitors will be happy to meet you at our Congleton office or in your own home. Alternatively, meetings can be carried out online (e.g. via Teams).
