1. No “alternatives”

Forgetting to include a "transfer of inheritance" clause in your will, that is, not taking into account the circumstances in which a beneficiary dies before you do.

How to avoid it: Consult a lawyer to include in your will arrangements for the inheritance of property upon the death of the beneficiary.

2. No will

This is the biggest mistake you can make for the one you love. Without a will, your estate may be exposed to potential claims or litigation. If your estate is complex or family members are divided, your estate could be dragged into court for years, costing you huge legal fees.

How to avoid it: Contact a lawyer immediately to draft a will based on your personal circumstances and wishes.

3. Mathematical errors

There are many ways to allocate assets, and mistakes can occur with each method. Simple math errors, such as dividing assets by dollar amounts or percentages, can cause delays in court proceedings. You can choose to divide your assets into shares. For example, if there are two children and a mother, they can divide the total value of the estate into 5 shares. They can decide that each child gets 2 shares and the mom gets 1 share. That way, even if the value changes, your beneficiaries will inherit in the proportion you want.

How to avoid it: Double-check the numbers in your will to make sure they are correct.

4. The beneficiary is too young

You may want your children to inherit, but you may not want them to receive a large sum of money when they are young and not yet financially independent. Creating a trust provision for minors in your will prevents them from receiving unlimited inheritance immediately upon your death. The terms of the trust can provide that if a beneficiary inherits an inheritance at a very young age, the assets will be held in the trust and distributed as specified in the terms of the will until they reach an age specified by you. If you are considering setting up a trust, talk to your attorney.

How to avoid it: Discuss the feasibility and specific terms of a trust with an attorney.

5. Choosing an inappropriate executor

Choosing the wrong executor, whether due to personality conflicts or incompetence, can affect your wishes. Is your executor older than you? Often unreliable? Are you busy with your own affairs? You may consider looking for a more suitable executor. Regardless, you should always review your will to make sure the person you choose remains the best candidate.

How to avoid it: Choose someone as your executor who is competent and worthy of your trust.

6. Not using a wills and estate planning solicitor

When making a will, you should find a solicitor who is experienced in wills and estate planning. People often look for a lawyer at random but forget that not all lawyers are experts in their field. They assume that lawyers know all the law and have experience in all areas of practice. Or they think making a will is simple and every lawyer knows it. When drafting your will, talk to a wills and estate planning expert. Be wary of unqualified individuals offering advice on writing wills through social media. Their primary goal is to attract attention, and they cannot bear responsibility for any mistakes you might make.

How to avoid it: Find a lawyer experienced in wills and estate planning.

7. Failure to specify personal belongings

Personal belongings are often the focus of contention because of their sentimental value. For example, family photos and personal accessories such as bracelets or earrings. So it's best to be as detailed as possible about who gets what. You can make an inventory and describe each item in as much detail as possible in a memo that accompanies your will.

How to avoid it: List the personal items you want to leave to specific beneficiaries and provide a detailed description.

8. Property issues are complex

Property not only has sentimental value, there are also costs and taxes involved. Things can get complicated if one child wants the ancestral property, one already has their own home, and the other lives too far away to enjoy it. When it comes to property, talk to your children first to understand their interests. Then, clear the heirs based on who really wants the home and who will maintain and use it.

How to avoid it: Make it clear who owns the property and what its maintenance responsibilities are.

9. Unrealistic conditions

Including conditions in your will that are difficult to enforce may cause problems for your executors. For example, a will may agree to provide $100 to guests attending the will-maker's funeral. If hundreds of people attend a funeral and the amount is small, it requires a lot of effort.