What Is the Biggest Mistake with Wills?

What Is the Biggest Mistake People Make with Wills?

Creating a will is one of the most meaningful things you can do for the people you love. It gives your family a clear roadmap for what happens after you're gone. But every year, St. Louis families are blindsided when they discover that a loved one's will was outdated, improperly signed, or simply not comprehensive enough to cover everything. Understanding the most common will mistakes is the first step toward avoiding them.

The Biggest Mistake: Failing to Keep Your Will Updated

If there's one mistake that causes more heartbreak and legal complications than any other, it's failing to update a will after major life changes. A will written ten years ago may name a beneficiary who has since passed away, reference a bank account that was closed, or leave out children or grandchildren born after it was drafted. Missouri courts are bound to honor the will as written — even if it no longer reflects your true intentions. Life changes constantly, and your will needs to keep pace.

Not Signing the Will Correctly

A will that isn't properly executed is not a valid will. Missouri imposes specific requirements around how a will must be signed by the testator and witnessed by disinterested witnesses. In Missouri, two adult witnesses who are not named as beneficiaries must sign the will in the testator's presence. If these formalities aren't followed precisely, a court may declare the will invalid — meaning your estate would pass under intestacy laws, which may distribute your property in ways you never intended.

Choosing the Wrong Executor

Your executor — also called a personal representative in Missouri — is responsible for gathering your assets, paying debts, filing final tax returns, and distributing property to your heirs. This role requires organization, attention to detail, and the ability to navigate probate court. Choosing someone based solely on family relationship rather than capability can lead to costly delays and disputes. Always name a backup executor as well.

Forgetting to Name Contingent Beneficiaries

Your primary beneficiary is first in line to receive your assets. But what if that person dies before you? Without a named contingent beneficiary, that share of your estate may pass by Missouri state law rather than your wishes — potentially going to someone you never intended to benefit.

Relying on Your Will to Cover Everything

A will only controls probate property. Nonprobate transfers — like life insurance proceeds, retirement accounts, and assets held in a trust — all pass outside the will entirely. If your beneficiary designations conflict with your will, the designations win. Many St. Louis residents are surprised to learn their carefully drafted will has no effect on the bulk of their wealth.

Not Planning for Incapacity

A will only takes effect at death. Without a durable general power of attorney and a durable health care power of attorney, your family may need a court-supervised conservatorship just to manage your finances if you become incapacitated. A complete estate plan addresses both death and incapacity.

Trying to DIY a Complex Legal Document

Online templates carry real risks. A will not properly tailored to Missouri law, your family dynamics, and your specific asset structure can create more problems than it solves. Errors in a self-drafted will often only surface after death — when it's too late to correct them.

Work with a St. Louis Will Attorney Who Gets It Right

At The Taormina Firm, we draft wills that are precise, legally sound under Missouri law, and built around your unique family situation. We make sure your documents are properly executed, your fiduciaries are well-chosen, and your plan covers both death and incapacity. Don't leave something this important to chance. Contact our St. Louis estate planning attorneys today to schedule your consultation.