7 Common Mistakes People Make When Creating a Will

Creating a will is one of the most important steps in planning your estate — but it’s also one of the most misunderstood. Even with good intentions, many people in New Mexico make errors that can lead to confusion, disputes, or court battles after they’re gone. In this article, we’ll walk through the 7 most common mistakes people make when writing a will and how to avoid them.

Why Mistakes in a Will Can Be Costly

Your will outlines how your assets are to be distributed after death, names guardians for your children, and designates who manages your estate. A single mistake — even something as small as a missing signature — can lead to:

Legal challenges in probate court
Delays in distributing assets
Family disputes
Court-appointed decisions overriding your wishes

In New Mexico, wills must meet specific legal standards to be considered valid. A small oversight can result in the entire document being rejected by the probate court.

Mistake #1 – Not Meeting New Mexico Legal Requirements

New Mexico requires wills to follow strict rules:

You must be 18 or older and of sound mind
The will must be in writing
It must be signed by the testator
It needs two witnesses who sign in the presence of the testator

If your will doesn’t meet these requirements, it may be declared invalid.

Solution: Always draft and execute your will with the help of a local estate attorney who understands New Mexico probate laws.

Mistake #2 – Failing to Update the Will After Major Life Events

Many people create a will and forget about it for decades. But life changes quickly. If your will doesn’t reflect those changes, your assets could go to the wrong people.

Common life events that require an update:

Marriage or divorce
Birth or adoption of a child
Death of a spouse or beneficiary
Significant financial changes
Moving to or from New Mexico

Solution: Review your will every 3–5 years or after any major life event. An outdated will is often worse than no will at all.

Mistake #3 – Naming the Wrong Executor

The executor, or personal representative, is responsible for carrying out your wishes. Many people simply name a spouse, oldest child, or closest friend — without considering whether that person is truly capable.

Bad choices can lead to:

Mismanagement of the estate
Delays and legal conflicts
Personal liability for errors

Solution: Choose someone responsible, financially literate, and ideally located nearby (within New Mexico). You can also appoint a professional or attorney.

Mistake #4 – Using Vague or Ambiguous Language

One of the most common sources of conflict is unclear language. Saying things like “divide everything equally among my children” can cause confusion — especially in blended families or if assets are not easily divided.

Solution: Be specific about who gets what. Include:

Full names of beneficiaries
Clear asset descriptions (property addresses, account numbers)
Percentages or exact amounts

The more detail you include, the less room there is for misinterpretation.

Mistake #5 – Forgetting to Include All Assets

Many wills are incomplete — either because the person forgets to list certain assets or assumes that non-probate assets will automatically be covered.

Examples of commonly missed assets:

Digital assets (photos, online accounts, crypto)
Personal property (jewelry, tools, heirlooms)
Business interests
Out-of-state real estate

Solution: Create a comprehensive asset inventory. Consider a revocable trust for complex assets or out-of-state property.

Mistake #6 – Not Naming Backup Beneficiaries

If your primary beneficiary passes away before you, and no contingent beneficiary is listed, that portion of your estate could end up in probate.

Solution: Always name alternate beneficiaries for each bequest. This gives your will flexibility and protects your wishes.

Mistake #7 – Trying to Do It All Without a Lawyer

DIY will kits and online templates are tempting — but they often result in serious legal issues, especially when the documents aren’t properly executed or tailored to New Mexico law.

Common problems with DIY wills:

Missing witness signatures
Incorrect or vague legal language
No coordination with other documents (like trusts or powers of attorney)

Solution: Work with an experienced will attorney in Albuquerque who can ensure your documents are legally sound, personalized, and up to date.

[Talk to Hernandez Law About Creating or Updating Your Will – https://www.linkedin.com/in/david-n-hernandez-jd-mba-mpa]

Bonus Tips for a Better Will

Include your Digital Estate Plan: Who has access to your passwords and accounts?
Specify Funeral or Burial Preferences: These aren’t legally binding, but can guide your family.
Create a Letter of Instruction: A non-legal document to explain your wishes in more detail.

Real Example from Albuquerque

A local client contacted Hernandez Law, LLC after trying to handle their father's estate without a valid will. Although the father had intended to leave the family home to one child, no written will existed. The court applied New Mexico’s intestate laws, and the estate was split among all heirs — leading to a costly dispute.

If even a simple will had been in place, the family would have avoided thousands in legal fees and emotional strain.

FAQ – Will Mistakes in New Mexico

Can I write my own will in New Mexico?
Yes, but it must meet legal requirements. DIY wills often lead to costly mistakes.

What if a will is signed but not witnessed?
It may be considered invalid. New Mexico requires two witness signatures.

How often should I update my will?
Every 3–5 years or after any major life change such as marriage, divorce, or the birth of a child.

Do I need a notary to make my will valid?
Not required in New Mexico, but adding a self-proving affidavit (notarized) can speed up probate.

Is an online will legally valid in New Mexico?
Only if it meets all state-specific legal requirements — most do not. Consult a local attorney to be safe.

Call to Action – Avoid Costly Mistakes with a Legally Valid Will

At Hernandez Law, LLC, we help Albuquerque residents create clear, enforceable wills that protect families and avoid future conflicts.

Call (505) 228-5912 to schedule your estate planning consultation
Or email dnhnm@yahoo.com – Appointments available Monday through Friday
Serving Albuquerque and surrounding communities

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