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Small errors when making a Will can lead to major legal and financial problems, a leading expert has warned.
Davina Charlton, Senior Associate in the Private Client team at Stoke law firm Smith Partnership, says both individuals and professionals continue to repeat common, and avoidable, mistakes during the will-making process.
Davina explained: “Marriage can revoke your Will, so a wedding is a legal milestone that can wipe the slate clean. If you’re getting married, you should make a new Will or ensure your existing one is drafted ‘in contemplation of marriage’ so your wishes still stand.
“Divorce, on the other hand, doesn’t automatically cancel your Will – it simply alters how provisions for an ex-spouse are treated. Separation alone has no legal effect, which is why reviewing your Will as soon as your relationship status changes is so important.
“Jointly owned assets also need careful thought. The way you hold them determines what happens next. For example, if you own a property as ‘joint tenants’, your share usually passes to the surviving co-owner regardless of what your Will says.
“These complexities are why DIY Wills can be risky. Small mistakes in wording, signing, or witnessing can derail your intentions or even spark disputes. Taking advice from a solicitor helps you cover every detail, align your Will with how your assets are owned, and ensure your plan is valid and watertight.”
When asked what advice she gives clients at this time of year, Davina added: “We always recommend reviewing your affairs every five years or so, ask yourself: has anything changed, and is your Will still up to date?
“Keep an eye on legal and policy changes too. With the budget approaching, possible adjustments to inheritance tax could mean your Will needs updating.
“And when clients come in to make a Will, it’s a great opportunity to check if they need anything else, such as inheritance planning or Lasting Powers of Attorney, so you can help them cover all bases.”
Here, Davina offers five tips on how to best avoid mistakes when making a Will:
- Review regularly – Revisit your Will every five years or after major life events such as marriage, divorce, or having children.
- Use a qualified solicitor – Professional guidance helps ensure your Will is legally valid and accurately reflects your wishes.
- Check ownership of assets – Understand how joint property or savings are held, as this affects how they’re distributed.
- Avoid DIY pitfalls – Errors in wording, signing, or witnessing can make a Will invalid or open to challenge.
- Communicate clearly – Let loved ones know where your Will is kept and discuss your wishes to help prevent future disputes.
Also read: How A Free Will Could Actually Leave You Out of Pocket
Image source: Smith Partnership Solicitors
