How Mistakes in Wills Can Be Costly Landmines

A Look at the Legal & Financial Impacts of Errors in Wills

A typo, a forgotten asset, and misunderstood intentions—these can all seem like minor issues. In the realm of wills and Texas probate, however, they’re often the source of major conflict, lost opportunities, and complex legal battles.

That’s because errors in wills can spark confusion, infighting, and even grounds to potentially invalidate a loved one’s final wishes. Here’s why, with key insights regarding:

This guide covers the essentials in less than ~4 minutes. To dive into more helpful info on estate planning and probate in Texas, check out Do I Need to Update My Estate Plan When Moving?, Are You Ready for the Great Wealth Transfer?, and A Guide to Blended Family Estate Planning. 

Simply contact TAW Law Texas for a free, no-obligation consultation when you need answers specific to your situation.

What Is a Mistake in a Will?

In Texas, a mistake in a will refers to any error — factual, legal, or clerical — that could impact the interpretation or validity of the document. These mistakes can take several forms in the real world, and nearly all of them represent at least one of the following four flaws.

1. Execution Mistakes

Execution mistakes refer to oversights in the legal requirements associated with crafting a will.  Even small slip-ups in these formalities can cause thorny issues during probate. 

Generally, execution errors in wills come in the form of:

• Failing to sign (execute) the will
• Signing the will without two witnesses present, as required by Texas law
• Failing to name an independent executor
• Leaving out key provisions or clauses

These mistakes could be grounds for invalidating a will if the grantor passes away before fixing them.

2. Errors Based on False Beliefs

These mistakes occur when a testator signs or structures their will based on misunderstandings of: 

1. Their assets, like the inclusion of assets already sold off or leaving out valuables newly acquired
2. Their beneficiaries, such as false rumors about a relative that influence inheritance choices
3. The facts or circumstances involved, like a grantor signing what he believes to be insurance papers when, in fact, the documents are a new will.

With these errors, specific provisions of a will or the entire document could be rendered null and void.

3. Language Errors

Wording mistakes and inconsistencies can also muddy the understanding of wills. These problems usually entail:

• Typos: Usually considered “clerical errors,” typos tend to be minor and do not, on their own, usually invalidate a provision or an entire will. In some cases, however, more than a few typos could become evidence of mental incapacity or undue influence.
• Ambiguous wording: Unclear descriptions, mismatched names, or vague phrasing can leave room for different interpretations. This muddling language can bring more questions than answers when it’s time for probate. If the language is so ambiguous as to be incapable of interpretation, a court may declare it “precatory” and ignore it altogether.
• Contradictions: Errors in sentence structure, naming conventions, and more can create discrepancies that the Texas probate courts may need to resolve. 

While some language errors may be insignificant in probate, others can be incredibly complex and disruptive, opening up the door to contested probate.

4. Mistakes Related to Beneficiaries

How beneficiaries are included in or excluded from wills may serve as another source of mistakes, particularly when beneficiaries are: 

• Left out of a will: Omissions of children or spouses, especially those who come after a first marriage, could be unintentional and become grounds for will contests. Please note that this is different from specific exclusions, which could come into play with exes, for example.
  
• Deceased: If a designated beneficiary has passed away and no alternate is named, that portion of the estate could end up in probate or pass through intestacy laws.
  
• Dated: Failing to update a will after major life events, like marriage or childbirth, can omit intended beneficiaries or leave assets to unintended parties.
  
• Unclear: Vague descriptions without proper names— like “my niece” or “grandchildren”— can create extra layers of confusion. So can naming someone inaccurately.

Texas probate courts can step in when beneficiary mistakes create ambiguity and disputes that undercut the clarity or validity of the will. 

To see some of the most outrageous instances of high-stakes fights in probate, check out our rundown of 7 wild wills and cautionary tales.

What Is the Biggest Mistake with Wills in Texas?

There are no “statistics” on what mistakes happen most often in wills. Still, a few widespread errors could, arguably, serve as the biggest mistakes in the Lone Star State and nationwide. Those include: 

1. Failing to create a will: According to recent surveys, less than 1 in 3 Americans have a will. Procrastinating will creation is a risky misstep that could leave an estate subject to intestacy laws.
   
2. Not updating a will: Revisiting wills after major life events can give you the chance to update beneficiaries, assets, and specific provisions. Without these updates, a will can have major omissions and obsolete terms that don’t truly reflect your wishes.
   
3. Relying on a will generator or a DIY will: The do-it-yourself approach can be rewarding in many areas but not usually with wills. Whether you write up a will on the fly or you use an online “tool” to generate a will, you’re risking mistakes, clerical errors, and oversights that could create a lot of trouble for your beneficiaries later.

Does a Spelling Mistake Invalidate a Will in Texas?

Not necessarily—Texas courts are generally forgiving of minor spelling errors, especially when the testator’s intent remains clear. 

Example: If a beneficiary is named “Johnathan” in one place and “Jonathan” in another, the court may look at the broader context, including witness testimony and/or other documents, to determine whether the grantor was, in fact, referring to the same beneficiary. 

If, however, a spelling error complicates the identification of a specific beneficiary or asset, uncontested probate could turn into a contested case. 

So, while not automatically grounds to invalidate wills, spelling errors can still raise the risk of litigation that threatens to slow down probate. 

Even if no litigation occurs, these types of mistakes often require extra steps, such as declaratory judgments from the Court, to determine the true identity of the beneficiary, which can add significant cost to an otherwise simple probate.

What Is a Mistake of Fact in a Will?

A “mistake of fact” describes a false belief or misunderstanding that influences the testator’s decisions when drafting the will. 

Example: A grantor disinherits a child under the mistaken belief that the child has addiction or gambling problems when, in fact, that information was incorrect.

Texas law is clear on this matter. The courts generally do not invalidate wills based on a mistake of fact unless:

• There is clear, convincing evidence that the grantor would have acted differently had they known the truth.
• The mistake of fact serves as evidence of mental incapacity or undue influence.

What Are the Most Common Grounds for Contesting a Will in TX?

Texas has several well-established grounds for contesting a will, including:

1. Lack of testamentary capacity: This would arise if the grantor was not of sound mind when executing the will.
2. Undue influence: This involves pressuring or manipulating a grantor to update a will, make certain inclusions, or exclude specific beneficiaries.
3. Improper execution: If the basic requirements for a legal will have not been met, according to Texas law, that will can be subject to nullification by the courts.
4. Fraud or forgery: Falsifying any part of the will, including signatures, is another basis for challenging wills in Texas.
5. Revocation: If a newer, valid will exists, that could override the current one and be grounds to contest it.

Here’s more on challenging wills and trusts in Texas. When these will challenges are raised and the court agrees they exist: 

• Part or all of a will can be declared null and void.
• Nullified wills will hold no legal power. Essentially, it will be as if the nullified will never existed.
• If a prior will exists, that document could be the one that is probated moving forward.
• If no valid will is in place, the estate will pass through Texas intestacy laws.
• There are much slimmer chances that the decedent’s true wishes will be honored. 

Who Is Liable for Mistakes in a Texas Estate Plan?

Liability depends on the source of the mistake. If a DIY will or a digitally generated one omits key elements: 

1. The grantor’s estate may suffer and pay for the consequences.
2. The beneficiaries are typically left dealing with the fallout. 

However, if a lawyer makes a critical error, they may be liable for malpractice.

That’s one reason why it’s so important to work with an experienced estate planning attorney who has deep knowledge of Texas estate planning and probate law—and how to:

• Avoid mistakes and oversights in wills, trust documents, and estate plans.
• Ensure compliance with Texas statutes.
• Protect legacies from unnecessary risk.

Additionally, with a trusted estate planning attorney in your corner, there can be minimal risks of mistakes or errors, helping you achieve your desired outcomes with greater peace of mind.

In the Greater Austin area, the accomplished estate planning attorneys at TAW Law Texas are a go-to resource for all things wills and probate. We have unparalleled experience, skills, and resources, and we provide top-tier counsel when it matters most. 

If you need answers about wills, probate, or another estate planning matter, don’t hesitate to contact us for confidential information. 

What Should I Do If I Think There Are Mistakes in a Will?

Whether it’s your own will or the will of a loved one, don’t ignore any possible mistakes. Consult a lawyer as soon as you can to:

• Update your will if you notice errors, dated information, omissions, or other potential oversights. 
• Discuss your options and the best course of action if the mistakes are in a loved one’s will, especially a loved one who has passed away.

The truth is that mistakes in wills have huge potential to trigger lasting financial and legal consequences for everyone involved. The sooner you’re in contact with an attorney, the sooner you can get: 

• A clear idea of what may be at stake
• Helpful advice regarding your rights
• Professional counsel and support to help you determine the appropriate next steps.

At TAW Law Texas, we specialize in probate, will contests, and estate planning for individuals and families in Austin. If you’re worried about a possible error in a will, contact us today for a confidential consultation. We can help you cut through the confusion and protect your interests.

Better Support for Estate Planning & Probate in Austin

Flawed wills can derail even the best intentions, sparking more uncertainty, delays, and challenges during probate and wealth transfers. Whether mistakes arise in your will or a loved one’s, the counsel of a trusted Austin attorney can be invaluable.

At TAW Law Texas, our estate planning and probate attorneys have extensive experience representing beneficiaries, grantors, trustees, executors, and others in all aspects of Texas estate planning and probate. We are known for providing strategic counsel, personalized solutions, and exceptional results — and we’re ready to do the same for you.

Email us or call 512-827-9212 to talk to a trusted
estate planning and probate attorney in Austin now.

Backed by years of local experience, the probate attorneys at TAW Law Texas are tirelessly dedicated to delivering client-first service and value-focused solutions, including premium probate services. 

We represent individuals, professionals, businesses, and others throughout Greater Austin, including in Travis County, Williamson County, Bastrop County, Blanco County, Hays County, Caldwell County, and beyond. 

We invite you to check out our reviews to see what our clients have said about us and how we may be able to help you.

Todd A. Wilson

Todd A. Wilson has been practicing law since 2007, with the aim of educating all strata of society and sharing crucial insights about the importance of estate planning, probate, and more.

The Law Office of Todd A. Wilson (also known as TAW Law TX) offers affordable estate planning and probate services.