Common Mistakes People Make When Making a Will (And How to Avoid Them)

Creating a Will is one of the most important steps you can take to protect your loved ones. Yet many Australians still make simple — and sometimes costly — mistakes that lead to delays, disputes, or even an invalid Will.

This guide outlines common mistakes people make when creating a Will, why they matter, and how to avoid them using modern, guided tools like Will Hero, Australia’s visual, state-compliant Will-creation platform. While many Will requirements are similar across Australia, some rules — particularly around witnessing and signing — vary by state and territory, so it’s important to ensure your Will meets your state’s specific legal requirements.

1. Not Having a Will at All

Many Australians delay making a Will, assuming they’ll “get to it later” or that they “don’t have enough assets”. Statistics show that a significant majority of Australian adults do not have a Will, leaving their families vulnerable to intestacy laws. This is the single biggest mistake you can make.

Why This Is a Problem

If you die without a Will (intestate), your estate is distributed under state law — not according to your wishes. Intestacy laws vary by state and territory, so the distribution rules differ depending on where you live. Learn more about what happens if you pass away without a Will in Australia, or see state-specific guidance for Victoria, NSW, Queensland, or Western Australia. This means:

• Your partner may not receive everything you intended
• Blended families often face disputes and unexpected outcomes
• The court decides who administers your estate
• Distribution may not reflect your relationships or priorities
• The process is slower and more expensive for your loved ones

How to Avoid It

Start your Will early and update it as life changes. Will Hero helps you complete a legally compliant Will in around 15 minutes, with unlimited updates for 12 months, making it easy to stop procrastinating. Will Hero’s visual interface and AI assistance make the process clear and straightforward, so there’s no reason to delay protecting your family’s future. Learn more about why you shouldn’t put off writing your Will.

2. Using Overly Simple or Generic Templates

Some people rely on very basic templates found online or in stationery packs. While these aren’t necessarily “wrong”, they often don’t ask the right questions to ensure your Will is complete and legally robust.

Why This Is a Problem

Generic templates may not:

• Prompt you to add backup beneficiaries
• Handle blended families or modern family structures
• Provide guidance for minor or vulnerable beneficiaries
• Address assets that fall outside a Will (like superannuation)
• Ensure clarity around executors and backups
• Automatically adjust for scenario changes
• Prevent ambiguous or conflicting wording

The issue isn’t outdated wording — it’s the lack of structure and guidance that leads to incomplete or unclear Wills.

How to Avoid It

Use a platform that guides you through every decision. Will Hero provides lawyer-reviewed templates, state-specific guidance, and a Visual Will interface that clearly shows how your estate will be distributed in different scenarios. Will Hero automatically adjusts for your state’s requirements — whether you’re in Victoria, NSW, Queensland, online wills Western Australia, or any other state. Will Hero also gives you access to common provisions through the Will Provisions Library, ensuring your Will covers all the important details. This visual approach helps you see potential issues before they become problems.

3. Not Naming Backup Beneficiaries

People often name a primary beneficiary (such as a partner or child) but forget to specify what happens if that person dies before them.

Why This Is a Problem

If your primary beneficiary predeceases you and you haven’t named a backup:

• The gift may fail and fall into the residue of your estate
• Assets may go to someone you didn’t intend
• Family disputes can arise over who should receive the assets
• The distribution may not reflect your true wishes

How to Avoid It

Will Hero prompts you to always include backup beneficiaries, and visually maps out exactly how the estate flows in each scenario. The Visual Will feature shows you what happens if your primary beneficiary isn’t available, helping you ensure your assets go where you want them, no matter what happens. Learn more about why backup beneficiaries are essential in your Will.

4. Choosing the Wrong Executor

Your executor is responsible for administering your estate. Many Australians choose someone without considering whether they’re suitable for this important role. It’s also important to understand what happens if your executor dies before you — without a backup executor, this can create significant complications for your estate. Learn more about what happens if your executor dies before you.

Common Mistakes

• Selecting someone too elderly who may not be able to fulfill the role
• Choosing an overseas executor (can create complications)
• Not naming a backup executor
• Appointing someone who may struggle to manage family conflict
• Selecting someone who lacks the time or organizational skills needed

How to Avoid It

Choosing the right executor requires careful consideration of their ability, availability, and suitability for the role. Will Hero provides helpful tips when choosing executors and ensures you nominate a backup executor, reducing future complications. The platform explains what executors do, what qualities to look for, and why having a backup is essential. For detailed guidance on this important decision, see our comprehensive guide: How to Choose the Right Executor for Your Will.

5. Not Updating Your Will After Life Changes

A Will should evolve as your life changes — buying a home, having children, separation, new relationships, or losing a loved one.

Why This Is a Problem

An outdated Will might:

• Distribute assets incorrectly based on old circumstances
• Create disputes due to changed relationships
• Fail to account for new assets or beneficiaries
• Not reflect your current wishes or priorities
• Cause delays if executors or beneficiaries are no longer appropriate

How to Avoid It

Review your Will every 1–2 years or after key life events. Will Hero includes 12 months of free updates, making it easy to revise your documents as needed. The platform saves your previous version, so you can make changes quickly without starting from scratch.

6. Incorrect Witnessing or Signing

Even a perfectly drafted Will can be invalid if it’s not witnessed correctly. This is one of the most common reasons Wills are challenged or declared invalid, and can lead to expensive court proceedings (typically $5,000-$20,000+) to resolve disputes.

Common Signing Errors

• Having a beneficiary or executor act as a witness (in most states this invalidates gifts to that beneficiary; even where technically allowed by state law, it’s not recommended and can cause complications or disputes)
• Witnesses not being present at the same time
• Signing with fewer than two witnesses (required in all Australian states)
• Using different versions of the document
• Signing pages incorrectly or out of order
• Witnesses not seeing you sign

How to Avoid It

Will Hero provides clear, step-by-step signing instructions tailored to your state, reducing the risk of an invalid execution. The platform explains exactly who can witness, what they need to see, and how to ensure your Will is legally valid. Witnessing requirements vary by state, so it’s essential to follow your state’s specific rules. For detailed state-specific instructions, see our guides: How to Make a Will in Victoria, NSW, Queensland, Western Australia, South Australia, Tasmania, ACT, or Northern Territory. For general guidance on the signing and witnessing process, see our comprehensive guide: How to Make a Legally Valid Will in Australia. This guidance is crucial because signing errors can’t be fixed after your death — an invalid Will means your estate will be distributed according to intestacy laws, not your wishes.

7. Not Considering Guardians for Young Children

Parents often overlook nominating a guardian, assuming “someone in the family will step up”. Without a guardian named, the decision may fall to the courts.

Why This Is a Problem

• Family members may disagree over who should care for your children
• The court may appoint someone you wouldn’t have chosen
• Delays can create unnecessary stress for children during a difficult time
• The process is more expensive and time-consuming
• Your children’s care may be decided by someone who doesn’t know your values or preferences

How to Avoid It

Will Hero prompts you to clearly nominate guardians and backup guardians, and includes guidance on what qualities to consider when choosing someone. The platform helps you think through important factors like location, values, financial stability, and relationship with your children. While guardian nominations in Wills aren’t legally binding in all Australian states, they carry significant weight with courts and help ensure your children are cared for by someone you trust.

8. Forgetting That Some Assets Don’t Fall Under Your Will

Many Australians mistakenly include assets in their Will that must be directed elsewhere. This is a common source of confusion and can lead to unintended outcomes.

Examples of Assets That Bypass Your Will

• Superannuation — Must be directed via a binding or non-binding death benefit nomination (depending on your fund’s rules)
• Life insurance payouts — Go directly to nominated beneficiaries
• Jointly owned property — Automatically passes to the surviving joint owner
• Family trust assets — Controlled by trust documents, not your Will
• Assets held in companies — Governed by company structure

Why This Is a Problem

These assets may bypass your Will entirely, leading to outcomes different from what you intended. For example, if you leave everything to your spouse in your Will but your superannuation is still nominated to an ex-partner, that money won’t go to your spouse.

How to Avoid It

Will Hero provides explanations throughout the process so you understand what can and cannot be included in a Will, helping you align your estate plan correctly. The platform prompts you to review your superannuation nominations and other assets that need separate planning.

9. Vague or Conflicting Instructions

Unclear instructions can lead to disputes or make your executor’s job very difficult. Ambiguity is one of the leading causes of Will challenges and family conflict.

Examples of Ambiguous Wording

• “Distribute my assets fairly” (fair to whom?)
• “Give some money to my grandchildren” (how much? which grandchildren?)
• Instructions that contradict each other
• Gifts of assets that no longer exist
• Unclear descriptions of beneficiaries (“my friend John” when you have multiple friends named John)

How to Avoid It

Will Hero uses clear, precise, lawyer-reviewed templates and guides you so your intentions are unambiguous. The platform prompts you to be specific about amounts, assets, and beneficiaries, reducing the risk of disputes. Will Hero’s Review My Will feature checks your Will for potential issues, ambiguous wording, and conflicting instructions, while the Scenario Testing feature lets you test different “what if” scenarios to see how your Will handles various situations. The Visual Will feature also helps you see how your instructions work together, catching potential conflicts before they become problems.

10. Hiding Your Will or Not Telling Anyone Where It Is

A valid Will is useless if it cannot be found. This simple oversight can cause significant delays and stress for your loved ones.

Why This Is a Problem

If your executor cannot locate the original signed Will:

• Your estate may be treated as though you died intestate
• Distribution will follow state law, not your wishes
• The process is slower and more expensive
• Family members may search for months, causing unnecessary stress
• Digital copies or unsigned drafts may be found, creating confusion

How to Avoid It

Will Hero provides clear instructions for storing your Will safely and ensures you can share details with your executor so it’s accessible when needed. For detailed guidance on the safest places to store your Will and how to ensure it can be found when needed, see our comprehensive guide: Where Is the Safest Place to Store Your Will?.

Conclusion

Creating a Will doesn’t have to be complicated or expensive, but it does need to be done correctly. By avoiding these common mistakes and using a guided platform like Will Hero, you can create a legally valid, complete Will that truly protects your loved ones.

Will Hero’s visual, state-compliant platform helps you avoid these common mistakes by:

• Guiding you through every decision with clear prompts
• Using lawyer-reviewed templates to prevent ambiguity
• Providing state-specific signing instructions
• Visually mapping your estate distribution
• Prompting for backup beneficiaries and executors
• Including 12 months of free updates
• Offering clear storage and sharing guidance

Ready to Create Your Will?

Don’t Let These Mistakes Happen to You

Now that you know the common mistakes to avoid, take the next step to protect your loved ones. Will Hero’s guided platform helps you create a legally valid, complete Will in just 15 minutes — avoiding all 10 of these common pitfalls.

Get started today with:

• Lawyer-reviewed templates and state-specific guidance
• Visual Will interface to see your estate distribution
• AI assistance and step-by-step prompts
• 12 months of free updates included

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