Originally published: March 19, 2015 | Last updated: August 4, 2025
TL;DR: The internet is full of dangerously incorrect advice about writing a legal Will. Common errors include: confusing Power of Attorney with Executors, advising people to list all assets in a Will, suggesting beneficiaries can witness the signing, recommending funeral arrangements be included, and providing outdated information about witness requirements. These mistakes can invalidate your Will entirely. Use a trusted service like USLegalWills.com that has been reviewed by estate planning attorneys, not random advice blogs.
Why Is There So Much Bad Advice About Writing a Will?
Our customer support team at USLegalWills.com spends most of their time fixing problems which stem from incorrect information available on the internet.
We discovered the most problematic examples which show these mistakes clearly when we analyzed the situation.
Mistake #1: Confusing Power of Attorney with Executors
A well-known resource recommends readers to name someone who will receive Power of Attorney authority through their Will. The entire premise stands on false information.
The key distinction:
- Power of Attorney allows someone to act in your place during your lifetime when you lose the ability to make decisions. Ceases to exist the moment you die.
- Executor – Named in your Will. Takes responsibility for your affairs after your death. Has no authority while you are alive.
The legal Will does not permit you to select a Power of Attorney.
Mistake #2: Should You List All Your Assets in Your Will?
No. This is one of the most common errors in Will writing.
A well-drafted Will includes:
- Specific bequests for particular items to particular people
- A residual estate clause that captures everything else – e.g., “my entire estate to my husband John Doe” or “divided equally between my three children”
Courts have overturned Wills where people listed all assets without naming a residual beneficiary.
The same bad advice was repeated across the site. While documenting your assets is useful for your Executor (we provide this through our MyLifeLocker service), that information should never go in the Will itself.
Mistake #3: Is a Will a Public Document?
One source advises listing all bank account numbers, investment details, and financial information in your Will. The public access to your Will becomes dangerous because probate turns it into an open document which anyone can view.
The advice contains a major mistake because it tells you to choose a friend for handling charitable gift distributions.
Mistake #4: Should Funeral Arrangements Be in Your Will?
No. There are several reasons why funeral wishes do not belong in your Will:
- Funeral wishes exist as personal preferences which lack any legal power to enforce their terms.
- Your Will must go through probate before it is accepted by the courts, and by that time your funeral will already have been arranged
- USLegalWills.com offers a dedicated service which helps people record their funeral preferences.
Your Executor can access your funeral wishes document when you store it with your Will but you should keep funeral directions out of your Will.
Mistake #5: Can Anyone Set Up Trusts in a Will?
The article provides readers with instructions to create their own minor trusts through a process which exceeds basic step-by-step directions.
USLegalWills.com provides trust creation through its guided prompt system but we suggest guardians for your children should exist independently from the person who serves as Executor.
Mistake #6: Is Your Will Effective Immediately?
The article instructed readers to include their credit card debt information when they created their Will. This is an incredibly bad idea.
Your legal Will is probably not going to be read for another 10, 20, or more years.
Mistake #7: Can Beneficiaries Witness Your Will?
One source states that witnesses should “preferably” not be beneficiaries. This is dangerously misleading.
- In every single U.S. state, if a beneficiary witnesses the Will, at minimum their bequest will be invalidated
- The entire Will becomes invalid when courts in particular states decide to treat the case as if you died without leaving a Will.
- Your assets would then be distributed according to state law, not your wishes
The witnesses who observe the Will must never have any personal interest in its contents.
Mistake #8: Do You Need Three Witnesses or a Notary?
The advice contains two fundamental mistakes because it claims the document needs notarization and three witnesses must be present.
- No state requires notarization for a Will to be legally valid
- No state currently requires three witnesses – Vermont used to but changed its laws in 2005
- All states require a minimum of two independent witnesses
The internet continues to host old information because writers create new content by copying existing articles instead of verifying their facts.
Mistake #9: Should You Include Conditional Bequests?
One article vaguely suggests including “special instructions” and conditional bequests – bequests your beneficiaries receive only if they perform certain tasks.
We strongly recommend against conditional bequests because:
- The conditions are often open-ended – what if the beneficiary gets married at age 70?
- The estate cannot be closed until all conditions are met or become impossible
- Someone must manage the estate in the meantime, creating ongoing costs and complications
Do not include special instructions unless an experienced estate planning attorney writes them for you.
Mistake #10: The Most Dangerous Advice We Found
The advice fails to produce any results.
Mistake #11: Can Anyone Create a Will Template?
An article presents instructions to create a Will template which users can find extremely alarming.
The situation shows why free Will services and blank templates function as dangerous resources which people should avoid.
How to Avoid Bad Will-Writing Advice
The lawyers who advise against writing your own Will show this material to prove how dangerous it is to do so.
| Common Bad Advice | The Correct Approach |
|---|---|
| List all your assets in the Will | Use a residual estate clause; document assets separately in MyLifeLocker |
| Beneficiaries can be witnesses | Witnesses must have no vested interest – not beneficiaries or their spouses |
| Include funeral arrangements | Document funeral wishes separately; store with the Will |
| Name Power of Attorney in your Will | PoA is a separate document; name an Executor in your Will |
| You need three witnesses or a notary | Two independent adult witnesses is the requirement in all states |
| List your debts in the Will | Your Executor settles debts; list accounts in MyLifeLocker |
USLegalWills.com has been offering estate planning services for over 20 years. Every path through our service has been signed off by estate planning attorneys.
Related Reading
- 10 Ridiculous Warnings Lawyers Give About Online Will Services
- Six Common Errors When Writing a DIY Will
- How to Write a Will: Your 10-Step Guide
- Advice on the Writing of Your Last Will and Testament
- The Online Will
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets, and has contributed to articles in The New York Times, NY Metro Parents, U.S. News & World Report, and other leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
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