Common Mistakes People Make When Drafting Their Will
A will is supposed to make a difficult time easier for the people left behind. When it is unclear, incomplete, or not signed the right way, it can create confusion instead of direction. Under 755 ILCS 5/4-3, a valid Illinois will must be in writing, signed by the person making it, and attested in that person’s presence by at least two credible witnesses. Berardi and Associates helps families in Homer Glen and nearby communities prepare estate documents that reduce avoidable disputes.
If you are unsure whether your current will still matches your property, family situation, or long-term plans, contact us today so our firm can review it before a problem reaches probate.
Overlooking Illinois Signing Requirements
One of the most serious mistakes is treating a will like an informal letter. A person may write clear instructions, sign the document at home, and assume the plan is complete. In Illinois, that is risky. Illinois does not recognize handwritten (holographic) or oral wills, and a document that misses the required signing and witness formalities may not be admitted to probate.
A related and surprisingly common problem involves who serves as a witness. Under 755 ILCS 5/4-6, if a beneficiary signs as a witness and there are not two other disinterested witnesses present, that beneficiary’s gift can be reduced or eliminated. A well-intentioned family member who signs as a witness may unknowingly reduce their own inheritance.
Even a properly signed will can create extra work later if it lacks a self-proving affidavit under 755 ILCS 5/6-4. The affidavit is not required, but without it, the witnesses may need to be located and testify when the will is admitted to probate. Years later, that can be difficult, especially if a witness has moved, become ill, or passed away.
Our estate planning attorney can help clients prepare a will that follows Illinois requirements instead of relying on assumptions or generic forms.
Ignoring Beneficiary Designations and Joint Ownership
A will does not control every asset. Life insurance, retirement accounts, payable-on-death and transfer-on-death accounts, and jointly owned property typically pass outside the will to the named beneficiary or surviving owner. When those designations conflict with the will, the beneficiary form usually controls, and family members are often surprised to learn that the carefully worded document did not direct the largest accounts at all.
This is why a will should be reviewed alongside beneficiary forms, deeds, and ownership records. When our will attorney reviews an estate plan, the focus is not only on the wording of the document. It is also on whether the larger transfer plan works as intended.
Using Vague Language About Property
A will should identify who receives property and what each person receives. Phrases like “divide things fairly” or “give my belongings to the family” may sound reasonable, but they leave beneficiaries with different interpretations. The more valuable the property, the greater the chance of conflict.
Clear descriptions are especially important for real estate, family heirlooms, business interests, vehicles, and accounts that do not already pass by beneficiary designation. For clients with real estate or business holdings, the will should be coordinated with the deeds, operating agreements, and other documents that already affect how those assets transfer.
Forgetting to Update the Will After Life Changes
A will should not stay frozen while life changes around it. Marriage, divorce, a new child, a death in the family, a home purchase, a business venture, or a move can all affect whether an older document still makes sense.
Two Illinois rules make this especially important. First, under 755 ILCS 5/4-7, a divorce automatically revokes any provision in the will in favor of a former spouse, and the will is read as if the ex-spouse predeceased the testator. That can unintentionally reroute property to contingent beneficiaries the client never thought carefully about. Second, under 755 ILCS 5/4-10, a child born or adopted after the will is signed who is not provided for in the will or by another transfer may take an intestate share, which can disrupt the entire distribution scheme.
Clients often come to our estate planning lawyer after a major event has already raised questions. A periodic review can confirm whether the existing plan still fits the family’s circumstances, especially for blended households, aging parents, or property in more than one state.
Assuming a Will Can Fully Disinherit a Spouse
A surviving spouse in Illinois has the right to renounce the will under 755 ILCS 5/2-8 and take a statutory share instead. That share is one-third of the estate if the decedent left descendants, and one-half if not. A will that attempts to leave a spouse less than that amount, without coordinated planning, may not produce the result the client expects. Couples in second marriages or blended families often benefit from planning that addresses this directly rather than assuming the will alone controls.
Choosing the Wrong Person to Handle the Estate
The executor named in the will may need to file paperwork, communicate with beneficiaries, gather assets, pay valid debts, handle tax documents, and work through probate. Choosing someone only because they are the oldest child or closest relative may create problems if that person is unavailable, disorganized, or likely to disagree with others.
A better choice is usually someone responsible, calm, and willing to follow legal duties. Naming alternates matters because the first choice may be unable or unwilling to serve when the time comes.
Trying to Use One Document for Every Goal
A will is important, but it may not be enough by itself. Some families also need a revocable trust, powers of attorney, or planning for minor children, disability, probate efficiency, or privacy. Illinois recognizes statutory short form powers of attorney for property and for health care, which allow an appointed agent to handle financial or medical matters when properly prepared.
Our wills and trusts attorneys can help clients decide when a will should stand alone and when a trust or related document may provide better control. That planning can be useful for homeowners, business owners, parents of young children, and families who want a smoother process for loved ones.
Leaving Loved Ones With Unanswered Questions
A strong will does more than name beneficiaries. It gives the family a workable plan, reduces uncertainty, and creates a record of the client’s decisions. Mistakes in signing, wording, updates, executor choices, beneficiary designations, and related documents can all make probate harder than it needs to be.
Berardi and Associates helps clients prepare wills with careful attention to Illinois law, family needs, and probate realities. You can read more about the firm’s background through our attorneys page. If your will is outdated, incomplete, or still only an idea, contact us today to speak with our firm about preparing an estate plan that gives your family clearer direction.