The Biggest Mistakes People Make With Their Wills

Everybody knows they should have a will, and not having one can leave heirs with a big mess. But just having a will isn’t enough. Big mistakes are common—from leaving decisions to the last minute and failing to update documents to mismatching beneficiary designations.

What follows are some of the biggest mistakes people make when doing their wills, according to attorneys who have seen these missteps far too often.

Procrastinating

Of course, thinking about death is uncomfortable, and planning for it can be costly. But to have a say in the distribution of your assets after you die—what each heir will receive, what charities to support and other matters—timely planning is critical. Yet many people either don’t create the proper documents, or they attempt to cobble something together on their deathbed. These last-minute efforts can lead to a host of problems for the simple reason that decisions made in haste leave less time to think through the multiple what-ifs.

Last-minute preparation also raises the likelihood that a disgruntled heir could claim the will was made under duress or in a diminished capacity, says Rebecca Hedaya-Heller, founding partner of Heller & Associates, a law firm in North Woodmere, N.Y.

Another reason not to procrastinate: A document known as a revocable trust, or living trust, can make it possible to distribute assets while you are still living and can be useful if you become incapacitated. A living trust can be especially important in states such as New York, California and Florida that have more restrictive probate laws. Living trusts have other uses as well, such as keeping things out of the public record since trusts are private documents, Ms. Hedaya-Heller says. This means that a family’s affairs can be kept private, including the value of the estate and to whom assets have been given.

Dropping large inheritances in heirs’ laps

When leaving significant money to heirs, people sometimes choose to bequeath it outright, all at once. This can be a mistake, says David Handler, a partner in the trusts and estates practice group at Kirkland & Ellis LLP. Children in their early 20s or 30s, or even later in life, may not be able to handle such windfalls. Giving them unfettered access to it, he says, can be imprudent.

A better option, Mr. Handler says, is to leave the assets to a trust to manage the assets after death. Such trusts also can offer tax and asset-protection advantages to the beneficiaries, he says. For example, they can be designed so that a divorcing spouse or creditor from a lawsuit cannot reach the trust assets. A trust also can be structured to avoid additional estate tax when the assets pass to siblings or children upon the beneficiary’s death, regardless of the trust’s value or the beneficiary’s net worth.

Forgetting digital assets

As more people invest in cryptocurrency and NFTs, it becomes critical to ensure someone will have the ability to navigate their digital wallets once they pass away, says Jonathan Forster, partner at Weinstock Manion in Los Angeles. “If you have a digital wallet and no one has that information, the crypto is lost,” he says.

Be sure to keep good records of your cryptocurrency and leave heirs instructions about how to access this information. Don’t store private keys—strings of letters and numbers that allow access to digital assets—on an old, offline computer, for instance, because the hardware could be inadvertently thrown out and the assets lost. Instead, consider using a special device known as a hardware wallet to manage your crypto assets, and make sure heirs know how to find and access the device.

Additionally, people should not include their passwords or private keys in a will itself, which becomes public through the probate process.

Not making regular updates

Write it and forget it is a common theme for wills. But the documents should be updated every five to 10 years because intentions and circumstances can change over time. “Life happens,” says J. Whitfield Wilks, director at Novare Capital Management, an investment management firm in Charlotte, N.C.

People who have made out their wills years earlier can change their minds about who should get what and which charities to support. Appropriate guardians for children, too, can change over time, which is why periodic reviews are critical. For instance, says Mr. Wilks, 20 years after a will is drawn up, a sibling who was named as executor could be dead or estranged, in a nursing home or otherwise incapacitated.

Mismatching beneficiaries

Even if they have an updated will or living trust, many people forget to update their beneficiary designations on other things—such as pension accounts, individual retirement accounts and other investments, and life-insurance policies. Because a beneficiary designation generally supersedes the terms of a will, there can be unintended consequences. These can include leaving substantial sums of money to an ex-spouse or failing to leave specific assets to a child or grandchild since an original designation may have been made before they were born. “It’s an ongoing process to make sure these things match and your wishes will be implemented,” Mr. Wilks says.

Not allowing for flexibility

Sometimes wills or living trusts are worded in ways that cause unintended consequences, such as leaving more or less money than desired to an individual or charity.

For example, Mr. Handler says, imagine a man with an estate worth $10 million whose will says to leave $1 million to charity and the rest to his children. Under that scenario, the children would get $9 million. But if the estate’s value drops and is now worth only $4 million, the charity would still receive $1 million and the children only $3 million.

People also have to be careful when leaving a particular stock or bank account to a particular child, he says. When the person dies, if the asset is no longer owned or has dropped precipitously in value, that child could unintentionally be left with nothing or significantly less than their siblings, he says.

Not heading off conflicts

Conflicts between heirs tend to happen more often when they are surprised by the contents of wills or trusts, says Mr. Forster, which is why the Los Angeles attorney says he recommends clients be upfront with beneficiaries about their intentions. While these conversations can be hard, having them in advance mitigates the risk of resentment, and possibly litigation, among heirs after a loved one dies.

Mr. Forster offers the example of a mother who was planning to leave a significantly larger share of her estate to her daughter, a teacher. This move would have left her son, a doctor, mostly disinherited. Although the mother loved both her children and was on good terms with both, her estate-planning decisions were based on their respective financials.

Acting on Mr. Forster’s advice, she spoke to the son before drafting the estate plan and was surprised to hear he felt snubbed and unloved, which wasn’t her intent. As a result, she amended her plans, still leaving the daughter more money than the son, but to a lesser extent.

Because the family discussed the situation, the son won’t “have to spend the rest of his life wondering if he did something wrong or whether his mom didn’t love him as much,” Mr. Forster says. “At least they got to have that conversation.”

Five minutes doesn’t sound like much. But it’s enough time to tell whether someone really understands money or just talks about it. Because once the gloss is stripped away, what’s left is instinct. The early mistakes. The bad calls. The quiet pivots that no one brags about but shape everything that follows. Making money is one thing. Living with it, and not mishandling it, is another. Here, five executives talk about what they got wrong, what they’ve learned, and how they now actually spend, invest and think about wealth.

Andrew Raso: Founder, Online Marketing Gurus

Andrew Raso, founder of Online Marketing Gurus.

Self-made millionaire Andrew Raso grew up in an ethnic household with a father in construction. Investing was not a priority, he recalls.

The co-founder and CEO of Online Marketing Gurus, a digital marketing platform that generated more than $30 million in revenue in the 204/25 financial year, admits he’s had to learn about handling money as his wealth has grown.

“If I had my time again, I would change my spending habits and would probably be a lot more wealthy as a result,” the Sydneysider tells Kanebridge Quarterly.

Raso, in his mid-30s, says that his biggest lessons have come from his losses.

Buying the wrong property and copping the losses upon sale. Feeling FOMO when buying crypto and making a purchase that lost money.

“I’ve learned a lot from the errors that I’ve made,” he says.

Raso admits that he gets more of a thrill out of working than watching money hit his bank account.

“I’ve had the cars, I’ve had the property, I’ve had the watches. Once you’ve had them, they’re not that exciting, but the process of earning money is pretty cool.”

What he won’t forget is being $45 million in property debt a few years ago.

“I’d never want to be in that position again,” he says.

“My investing strategy is a lot safer these days. I’m very cautious. I’d prefer to invest in things that don’t take as long to be realised so my family can be financially secure.

“Once you have a house paid off and a few investments, it then becomes about enjoying your money, rather than hoarding it. Giving back gives me a much bigger kick than spending these days.”

Daniel Wessels: CEO, Jacaranda Finance

Fintech founder Daniel Wessels knows only too well that money remains a taboo topic in Australia with many people.

He points to consumer surveys that reveal people are more likely to talk about their sex life with friends than their finances.

It’s a major concern for the man who founded Jacaranda Finance in 2013, which has helped countless people lift their credit scores and get their finances back on track.

“If people aren’t learning money habits at school and they aren’t discussing it with their friends, learning new strategies and better habits is difficult,” says Wessels, who is based in Brisbane.

He wants to see more people take the time to proactively understand where and why they are spending money.

“Everyone needs to have a financial strategy and a plan to measure if it’s working,” he says.

The father of two young children admits his week can be pretty fast-paced. Pomodoro clocks, sleep optimisation techniques and saying ‘no’ keep him on task during the week.

“I used to think I was fairly decent at managing time, but the whole game changed when we had kids,” he says.

“Now, I’ve got to get out of the house at a certain time and leave the office at a certain time for daycare pickup. I’ve got to be really specific about my tasks to maximise my week.”

Before he had a family, he loved heading out to one of the trendy new restaurants popping up in Brisbane.

But that happens less these days. He’s saving to build his forever home but admits that price rises have resulted in rising costs.

“It’s such a big project with so many variables that change quickly,” he says.

These days, Wessels likes to optimise his professional and personal life. “With only a finite amount of money, time and energy, you’ve got to be really good at deciding what you want to be good at,” he says.

He calls this ruthless prioritisation. He has a very specific focus on activities that prioritise health and wealth, adding experiences into the mix more recently. This has meant the addition of micro-holidays to his annual calendar.

Wessels works with a couple of financial advisers. That said, he also does his own due diligence before agreeing to investments.

“One likes private equity investments that pay cash every month and another prefers to focus on the NASDAQ Stock Exchange for buying shares because he’s bullish about that.” he says. “They’re each experts and really good at what they do.”

Jim Penman: CEO, Jim’s Group

He may have invested a lifetime building a franchise juggernaut that is reportedly a $1 billion a year empire, but Jim Penman insists he’s a frugal guy who prefers to spend time planting a tree in his garden than contemplating his wealth.

What started out as Jim’s Mowing back in 1989 became Jim’s Group. Today, there are 5,700 franchisees across Australia and New Zealand in the business that has become ubiquitous for being the local handyman company that households could rely on.

He may have built a successful business empire, but the Melburnian insists he’s stingy when it comes to money.

“I wear my clothes even today until they wear out. I’ve always had a very lean and mean attitude. I live a simple life. My personal needs are very modest and my finances are simple,” he says. Jim reveals he’s usually in his garden these days and rarely eats out or takes holidays.

He is also running for state politics in the November Victorian election.

“I’m not particularly money focused. I could tweak the franchise contract to put more fees in and double my profitability, but that’s not my goal or my aim. To be honest, I often make decisions that go against my financial self-interest,” he says.

Jim purchased his first brand new car three years ago, opting for an electric Volvo.

“Being rich is not my aim and it never has been. People think I’m a lot richer than I am. They think I’m a billionaire, which is kind of ridiculous,” he says.

In fact, he insists he carries debt, which is common for anyone in business. “If I wanted, I could pay it off in 18 months.”

While his competitors were spending on fancy office space, Penman was running his franchise from his basement, keeping business costs low. “When I started out, I didn’t have any concept of how big this business could be. But there has never been a plan to grow franchisee numbers.

“Our attrition rate is far more important, and how to reduce complaint rates and drive more enquiries through new software.”

He believes people these days worry too much about impressing others, which leads to spending on superficial things.

“I would rather than offer people advice on how to be happy, rather than how to become rich. It’s important to have a good income so you can support yourself. But life is more about purpose.”

Jim doesn’t bother with stocks or bonds. He only invests in his own business. “My rate of return on my business is substantial. I could buy back a regional franchise when they come on the market and get a 20-25 per cent annual rate of return, plus capital gains. There’s nothing like that available in the investment space.”

Nicola Beswick: Founder, White Rabbit Advisory

Nicola Beswick, White
Rabbit Advisory founder.

A clothing allowance provided by her parents and then a part-time job during high school was the first taste of financial freedom for Nicola Beswick.

She quickly became a spender rather than saver, but she’s changed her tune over the years.

The founder of financial advice firm White Rabbit Advisory left behind a successful career in intellectual property law a year ago to become a financial adviser because she realised the potential that financial education could have on someone’s life.

Her journey began after coming across the book Rich Dad Poor Dad some years ago, which opened her eyes to the power that money could have on her life. This marked a time when she became serious about her finances.

“Financial education and investing over time can have a huge impact on a person, and that book got me thinking about money and financial education in the first place,” she says.

Nicola says years ago, her father was diagnosed with multiple sclerosis. When dealing with the devastating news and an uncertain future, her father discovered he was eligible to receive an income protection payout.

“This was the stone that rippled his pond and mine. A new complex world of finance opened up and I discovered my calling – helping people plan for a financially secure future.”

She hasn’t looked back. “Commercial law was very transactional. I don’t regret quitting at all. I’m much happier now helping people get their finances in order. Financial planning helps people change their lives. That was a really big driver for me.”

The Melburnian admits she’s learned plenty of lessons along the way as she embarks on the process of building wealth. She uses superannuation as an investment vehicle, favouring its tax advantages.

“I also built a nest egg outside of super, because you never know when the rules will change,” she says.

She prefers to set a financial goal and save up for something specific over time than rush out and make a purchase.

“It’s a really powerful thing to wait before making a purchase,” she says.

Her current financial goals involve renovating her heritage-listed home. “We will keep the façade and gut it to rebuild. That’s a major expense for us on the horizon.”

While holidays are rare, she will spend on overseas trips on occasion. “I’m terrible at taking time off. I’m always working.”

Sam Riley: CEO, Drova

Sam Riley was in his 20s when he set out to amass enough money to be able to retire by the age of 40 if he wanted to.

“The goal was always to be doing something by 40 that kept me engaged enough that I didn’t actually want to retire because I was happy,” he says.

An entrepreneur at heart, Sam started a juice and espresso bar when he was 21, which didn’t work out. His next venture was a technology business, Ansarada, an ASX-listed company he ultimately sold nearly two years ago for $250 million.

The sale set him up for life, but he’s not one to rest on his laurels, launching into the complex world of artificial ntelligence with his next technology play, a company called Drova.

The technology startup simplifies risk, compliance and resilience for small businesses. Sam believes it’s got potential to become a tech juggernaut in time.

Having early financial success has meant he has the luxury of slow mornings and working in short bursts throughout the day, problem solving, experimenting with what works and figuring out how to harness AI.

“I favour a more sustainable approach to working these days. More frequent breaks. Making sure not to deteriorate my capacity,” he says.

It was a hard slog. He admits he touched the fringes of serious burnout when he was younger, which he works hard to avoid these days.

“Every business venture has exposed a gap in my skills that I’ve worked to close. Whether that’s marketing or managing people, closing those gaps along the way is how you get more effective at generating wealth,” he says.

The secret to his success has been finding ways to bolster value in the corporate world, finding ways to bring more to the table. Sam admits he spends too much money on travel, food and niche vinyl audio equipment, like turntables. He prefers to invest in experiences rather than things.

But it can get expensive. Like a recent trip to Antarctica to stay in a lodge for a week. “The thing is I didn’t like having these experiences on my own, so I have to bring family or other people and then pay for them.”

Sam describes his investment portfolio as balanced. While he continues to invest in entrepreneurial ventures, he admits he has a safe foundational platform to his investment approach.

“Over the years, I’ve added a lot more dividend stocks and protective assets like gold and silver, and some index funds.

“When I was younger, I didn’t appreciate the value of being safe and boring in the investment world.”

He says a lot of his investments used to be leading edge and visionary. “Some of them work, and some of them don’t. I didn’t really have much balance in my portfolio. I still invest in entrepreneurial things, but am much more conscious of taking a more even-handed approach,” he says.

This article appeared in the Winter 26 issue of Kanebridge Quarterly, which you can buy here.