In our planning practice we've seen these mistakes turn straightforward estates into multi-year court battles. Each one is preventable.
The big one
Confusing nominee with beneficiary
A nominee is a custodian, not the legal owner. A nominee on your bank account or mutual fund only holds the asset until the rightful heir (per the Will or intestate-succession law) claims it. Most people don't know this.
Fix: spell out beneficiaries explicitly in the Will, even if nominees are already in place.
Invalidates the Will
Witnesses who are also beneficiaries
Section 67 of the Indian Succession Act voids any bequest to a witness (or their spouse). Most home-printed Wills get this wrong — the daughter who'll inherit shouldn't be the one signing as a witness.
Fix: pick adult witnesses who are NOT named anywhere in the Will.
Gateway to dispute
Vague language ("equally to my children")
Without naming each child explicitly, the door opens to claims from unacknowledged children, stepchildren, or estranged relatives. Names plus dates of birth leave no room for misinterpretation.
Fix: list each beneficiary by full legal name, relationship, and DOB.
Single point of failure
No alternate executor
If your primary executor pre-deceases you, refuses to act, or moves abroad, the court appoints someone — potentially someone your family wouldn't have chosen.
Fix: always name an alternate executor, even if you trust the primary completely.
Becomes obsolete
Not updating after major life events
Marriage, divorce, birth, death, sale of major assets — each can render parts of your Will obsolete. A 15-year-old Will may give your assets to a deceased parent or an estranged spouse.
Fix: review every 3 years or after life events. Use a codicil for small changes.
Modern blind spot
Forgetting digital and demat assets
Crypto, online brokerage accounts, idle demat folios, domain names, payment-app balances — all are real assets, all routinely missed in older Wills. Your family won't recover what they don't know exists.
Fix: list every account — even empty ones — with the institution name.
Findability
Storing the Will where no one can find it
A Will buried in a forgotten drawer is no Will at all. We've seen probate cases delayed by years because the family couldn't locate the original.
Fix: tell your executor where it is. Bank locker is ideal; home safe second; lawyer's office third.
Easily missed
Forgetting the residuary clause
Even with specific bequests in place, anything not explicitly named goes to intestate-succession heirs unless a residuary clause sweeps it up. New assets you acquire after writing the Will go through this clause.
Fix: every Will should name a residuary beneficiary. Sealar requires it.