1.Not Writing the Will

One of the most serious mistakes people make is not putting their will on paper. While some people communicate their wishes directly to family or friends, oral wills are rarely legally recognized. Proving the legitimacy of a spoken will is extremely difficult since it lacks written proof, context, and adequate attestation.

There are a few exceptions, such as military members making an oral will during conflict, but even these require careful inspection and documentation to be accepted in court.  A written will removes ambiguity and acts as a verifiable, legally binding document.  It should include the testator’s signature as well as those of at least two witnesses to be presented in court.

2.Lack of Proper Witnesses

A legitimate will must be witnessed by two competent individuals. Improper witness selection is a common blunder that can compromise the validity of the will. People frequently choose family members or close relatives as witnesses, sometimes even heirs, which might raise concerns about the document’s legitimacy and potential conflicts of interest.

The witnesses must be:

Trustworthy and neutral

Mentally sound, above the age of 18

Able and willing to testify in judicial processes if necessary.

Furthermore, the witnesses’ signatures must be made in the presence of the testator; otherwise, the will may be ruled void. Choosing the right witnesses is critical to ensuring the document’s legal status.

3.  Giving Ambiguous Property Details

Vague or insufficient property descriptions might cause disagreements among successors. A generic statement such as “my children” may cause confusion among biological and stepchildren or adopted children, resulting in arguments about who is included.

To prevent misinterpretation:

Clearly mention all sorts of property, such as houses, land, bank accounts, jewels, or artwork

Describe who receives what and under what circumstances

Avoid broad phrases and unspecified shares

Consult with a legal expert to draft property details appropriately

Precise terminology and asset descriptions help to avoid legal problems and ensure a smooth distribution.

4.Not Mentioning the Correct Heirs

Another severe problem is failing to identify heirs accurately. Generic terms like “my children” or “my siblings” might cause confusion and legal issues, especially if there are several people who fit into those categories. Incorrect identification may also cause unwanted beneficiaries to initiate claims against the estate. 

To avoid these issues:

Provide the full names and relationships of all beneficiaries

Clearly define each heir’s entitlement

Include identification details as needed to avoid ambiguity

This reduces the chance of controversy and ensures that the will accurately reflects your genuine wishes.

5.Not Registering the Will

While registration of a will is not legally required under Indian law, it is strongly advised. A registered will has greater legal weight and credibility in the eyes of the court. It also reduces the possibility of tampering, forgery, or questions over authenticity.

The advantages of registering a will include:

Increased legal protection and trustworthiness

Provides easier verification of validity in legal processes  

Reduced risk of legal challenges from unhappy family members

Simplified procedure for making future modifications

Failure to register a will may result in legal challenges, including resistance from individuals who may submit an alternative version or contest its legitimacy. Registered wills are easier to defend in court and usually have more evidential weight.