Mistakes in Wills: Why Small Errors Can Lead to Big Problems
When it comes to wills, most people assume the biggest risk is simply not having one. And that’s true — not having a will is a huge risk. But here’s the part many folks overlook: having a will that contains mistakes can be just as bad. Sometimes worse, because it creates a false sense of security. Families think everything is covered — until they find out in probate court that it’s not.
In Nebraska, just like in every state, mistakes in wills come in many forms—factual, legal, or clerical. But what they all have in common is this: they disrupt your estate plan and create headaches for the people you care about most. Let’s break down some of the most common (and avoidable) will issues I see in practice.
Mistake #1: Improper Execution of the Will
Nebraska law (Neb. Rev. Stat. § 30-2326) has very specific requirements for a valid will:
It must be in writing.
It must be signed by the testator (or someone at the testator’s direction and in their presence).
It must be signed by two witnesses, who either watch the signing or see the testator acknowledge their signature—in person.
If these requirements aren’t met exactly, the will may be considered invalid. That means the estate gets distributed according to Nebraska intestacy laws, which may be the opposite of what the deceased intended.
Common errors include:
Only having one witness
Witnesses not being present at the same time
Using language or formats not compliant with Nebraska statutes
Failing to name a personal representative
Not including a pour-over will when assets are intended to go into a trust
Mistake #2: Using Inaccurate or Outdated Information
Sometimes wills are built on faulty assumptions or outdated details. Examples include:
Listing assets that have already been sold or no longer exist
Omitting recently acquired assets
Naming beneficiaries who have passed away or changed names
Disinheriting someone based on false assumptions, opening the door to a legal challenge
Signing something you didn’t realize was a new will (which can happen with online forms)
When a will includes bad information, it’s not just confusing—it can force the probate court to intervene, delaying administration and increasing legal costs.
Mistake #3: Ambiguous or Confusing Language
The language in a will needs to be precise. If something is unclear or internally contradictory, the courts will have to interpret it—and that can lead to unwanted outcomes.
I’ve seen wills say things like "to my nieces" with no names, leading to arguments over which side of the family that includes. Or they leave out alternate beneficiaries, causing assets to get tangled up in litigation.
Even small contradictions between different parts of a will can create major legal headaches. Nebraska courts aim to follow the testator’s intent, but if the language doesn’t make that intent clear, your wishes might not be honored the way you’d hoped.
Mistake #4: Errors with Beneficiaries
This is one of the most sensitive areas where mistakes happen:
Forgetting to update your will after a marriage or divorce
Leaving out children from a subsequent marriage
Naming someone who has passed away without listing an alternate
Using vague labels instead of full legal names
While Nebraska law revokes some provisions automatically for ex-spouses, it’s not always clean. And if your will hasn’t been updated in years, it could accidentally benefit someone you no longer want included.
A will should be updated anytime there’s a major life change—births, deaths, marriages, divorces, or significant changes in assets.
The Biggest Risk? Relying on DIY Wills
Online templates and do-it-yourself wills might seem convenient, but they rarely meet Nebraska’s legal standards. They often leave out key execution requirements, fail to address local statutes, and don’t take into account the complexity of real-life family dynamics.
These templates can lull people into a false sense of security—only for their families to find out during probate that the will doesn’t hold up.
Do Typos or Small Errors Invalidate a Will?
Not usually. Nebraska courts typically won’t invalidate a will over minor typos, as long as the testator’s intent is clear. But if the typo creates confusion about a name or asset—especially if it changes the meaning of a provision—it could cause delays, disputes, or even full-on probate litigation.
What Should You Do If You Spot a Mistake in a Will?
If it’s your own will: Get it reviewed and updated as soon as possible.
If it’s someone else’s will (especially after death): Talk to an estate planning or probate attorney right away. Addressing potential issues early can reduce the risk of expensive court battles later.
A will is only as good as its legal accuracy and clarity. Even small oversights can create big problems when families are already grieving and vulnerable.
FAQ: Will Mistakes in Nebraska
What happens if a will is not properly signed in Nebraska?
If a will fails to meet Nebraska’s execution requirements, it may be deemed invalid. The estate would then be administered under Nebraska’s intestate succession laws.
Can a handwritten will be valid in Nebraska?
Yes, but it must still meet Nebraska’s requirements for signatures and witnesses. A holographic will without witnesses generally won’t be accepted.
Does divorce automatically revoke a spouse’s inheritance in Nebraska?
Partially. Nebraska law revokes some provisions in favor of an ex-spouse, but it’s not comprehensive. You should always update your will after a divorce.
How often should I update my will?
Any time you have a major life event: marriage, divorce, the birth of a child, a significant financial change, or the death of a beneficiary or executor.
Is a will from another state valid in Nebraska?
It may be valid if it complied with the laws of the state where it was executed, but it’s best to have it reviewed by a Nebraska attorney to ensure full enforceability.
Want Peace of Mind? Let’s Make Sure Your Will Actually Works
If you’d like to review your current will—or if you’ve been putting off creating one—now’s the time. A legally sound, clearly written estate plan isn’t just a checkbox. It’s peace of mind for you and protection for your family.
You can reach me at 402-259-0059 or email zach@zandersonlaw.com. I’m here to help make sure your wishes are protected—and that your loved ones aren’t left sorting through a legal mess.