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, as in every state, mistakes in wills can take many forms — factual, legal, clerical — but what they all have in common is this: they disrupt your plan and create problems for the people you care about most. Let’s walk through some of the most common issues I see.

1. Mistakes in How the Will Is Executed

Nebraska law (Neb. Rev. Stat. § 30-2326) has very specific requirements for a valid will. The will must be in writing, signed by the testator (or by another person at the testator’s direction, in the testator’s presence), and signed by two witnesses, who must either witness the signing or witness the testator acknowledging their signature — again, in the testator’s presence.

If those steps aren’t followed exactly, the will can be declared invalid — and then the estate passes under intestacy laws.

For instance: if a DIY will template only instructs one witness — or if the witnesses aren’t actually present during the signing as required — the entire document could be invalid. I’ve had the unfortunate task of explaining this to families. They thought their loved one had “taken care of everything” — but the court couldn’t admit the will.

Other common errors include:

• Failing to name a personal representative

• Using outdated language that no longer matches Nebraska statutes

• Not coordinating the will with other estate planning tools (for example: failing to include a pour-over will to ensure assets not yet transferred to a trust are directed there at death — without this, those assets may still go through probate, contrary to the person’s intent)

2. Mistakes Based on False Information

Sometimes wills are written based on incorrect assumptions — about assets, about people, or even about what the will actually says. For example:

• Listing assets that no longer exist, or omitting new ones

• Disinheriting someone based on false information or rumors — which could trigger a will contest based on undue influence or lack of capacity

• Signing documents without realizing they were a new will — a risk when people use DIY forms or incomplete legal advice

In all of these cases, the court may need to step in, often delaying probate and increasing costs for the family.

3. Language That Creates Confusion

The words in a will matter — a lot. If language is vague or contradictory, courts are left trying to interpret what the testator meant.

I’ve seen wills that used phrases like “to my nieces” — but the family wasn’t sure which side of the family that included. Or wills that contradicted themselves in different clauses. Or that referenced deceased beneficiaries without naming alternates.

In Nebraska, courts will do their best to honor the testator’s intent, but when language is truly unclear, the result may be probate litigation — or assets passing in ways the testator never intended.

4. Mistakes Involving Beneficiaries

This is one of the most common (and emotional) areas where mistakes happen. Common examples:

• Leaving out children from a later marriage

• Failing to update after a divorce or new marriage (while Nebraska law automatically revokes some provisions for ex-spouses, it’s not foolproof)

• Naming deceased beneficiaries without naming alternates

• Using vague descriptions instead of full legal names

This is why a will isn’t a “set it and forget it” document — it’s a living document that should be reviewed after significant life changes to ensure it reflects your current wishes and family structure.

The Biggest Mistake of All? DIY Wills.

The single most common (and dangerous) mistake I see is relying on DIY wills or online templates. These documents almost always fail to account for Nebraska law, proper execution requirements, or the nuances of complex family situations and assets. They create a false sense of security — which is often shattered in probate court.

Do Minor Typos Invalidate a Will?

Generally, no. Nebraska courts will overlook minor errors if intent is clear. But if a typo or inconsistency creates ambiguity about a beneficiary or asset, it can open the door to disputes, delays, or litigation — which could end up costing far more than having done the will correctly in the first place.

What Should You Do If You Spot a Mistake?

If it’s your own will — update it. Don’t wait.

If it’s a loved one’s will — especially after they’ve passed — consult an experienced estate planning attorney as soon as possible. The sooner potential problems are addressed, the better the outcome for everyone involved.

A will is only helpful if it’s legally sound and clearly written. Small mistakes can easily turn into big problems — for your family, in a moment when they’ll already be grieving and vulnerable.

If you’d like to review your current will — or if you’ve been putting off creating one — let’s talk. You can reach me at 402-259-0059 or email zach@zandersonlaw.com. I’m always happy to help make sure your wishes are protected — and that your loved ones aren’t left navigating a legal mess.