Estate Planning And Elder Law Services In Orlando And Beyond

3 common mistakes people make when drafting wills at home

On Behalf of | Dec 24, 2025 | Estate Planning |

Even though many adults understand the importance of wills, not everyone creates these documents with the help of a legal professional. Some assume they can draft wills at home on their own behalf to keep things as simple as possible.

However, while it may seem fast and convenient to make your own will at home, too many people who do so end up making major mistakes in the process. These mistakes can mean costly oversights and significant damage to their legacies.

Three common mistakes below are all reasons why working with a professional to draft or update a will is often beneficial.

1. Failing to have appropriate signatures

To be valid in Florida, a will must be in writing and signed by the person making it (the testator). Two competent adult witnesses must also sign the will in the testator’s presence. It’s a good idea to use witnesses who are not beneficiaries to avoid later disputes.

Additionally, Florida generally will not accept an unwitnessed handwritten (holographic) will, which is a common DIY pitfall.

2. Oversimplifying their wishes

It can be tempting or even poetic for someone to leave a will directing courts to give away all their possessions to charity or leave everything to their kids. They might do this to save money, avoid perceived legal complexity or because DIY templates seem sufficient.

Oversimplification can yield:

  • Vague or incomplete language
  • Missed tax and creditor issues
  • Unintended heirs
  • Procedural defects

Additionally, DIY forms can overlook critical Florida rules, including special protections for a home and a spouse’s legal rights. Resulting disputes, probate delays and invalidated provisions can frustrate loved ones and defeat the creator’s intentions entirely.

3. Including illegal terms

There are many ways that a will could potentially violate state law. Perhaps a person who doesn’t believe in divorce wants to disinherit their spouse and attempts to do so using a will. Testators must ensure that their documents comply with all state requirements and do not violate any laws.

Partnering with an estate planning attorney is a simple way to ensure that a will meets all necessary standards. Given the importance of a will for the protection of beneficiaries and the legacy of a decedent, investing in support while drafting a will can be a smart decision.