How to Avoid Common Mistakes When Drafting a Will or Trust
Aug. 26, 2026
Planning for the future is one of the most meaningful gifts you can give to the people you love. While it isn't always easy to think about what happens after you're gone, taking the time to create a will or trust can provide clarity, protect your wishes, and reduce uncertainty.
Unfortunately, many people put off estate planning or make avoidable mistakes that can create unnecessary problems later. It's natural to have questions or hesitate because you aren't sure where to begin. Many people assume that an online form or a handwritten document is enough, only to discover that missing details or outdated information can lead to disputes and delays.
At BRESNAHAN, FINNEGAN, COOPER & BRESNAHAN P.C., we help individuals and families create estate plans that reflect their goals and comply with Pennsylvania law. Working with wills and trusts attorneys allows you to address important decisions before they become urgent concerns.
Whether you're creating your first estate plan or updating an existing one, we're committed to helping you make informed decisions. Located in Oakmont, Pennsylvania, and RIDC-O'Hara Township, Pennsylvania, we proudly serve clients throughout Oakmont, Allegheny County, and the greater Pittsburgh, Pennsylvania, area. Reach out to us today to discuss your needs.
Why Proper Estate Planning Is Important
A will or trust is much more than a legal document. It serves as a written expression of your wishes and provides direction for handling your property, caring for loved ones, and settling your affairs. Without proper planning, state laws can determine how your estate is distributed, which may not reflect your intentions.
Many people mistakenly believe estate planning is only necessary for retirees or wealthy individuals. In reality, adults of all ages can benefit from having legally valid documents in place. Parents of young children, business owners, homeowners, and anyone with financial accounts or valuable possessions should consider creating an estate plan.
Working with attorneys allows you to evaluate your circumstances, discuss your goals, and select planning tools that fit your needs. Experienced wills and trusts attorneys can also help identify issues that may not be obvious when using generic templates or online documents.
Common Mistakes People Make When Drafting a Will or Trust
Many estate planning problems begin with simple oversights. While these mistakes can seem minor today, they can create significant complications for your loved ones later. Some of the most common mistakes regarding estate planning include:
Waiting too long: Delaying estate planning until a health crisis or emergency limits your options and can create questions about your legal capacity.
Using generic online forms: Templates rarely address your family's unique circumstances or Pennsylvania legal requirements.
Failing to update documents: Marriage, divorce, births, deaths, financial changes, and property purchases should all prompt a review of your estate plan.
Choosing the wrong executor or trustee: Selecting someone without considering their availability, financial responsibility, or willingness to serve can create unnecessary challenges.
Leaving unclear instructions: Ambiguous language often leads to disagreements among beneficiaries.
Forgetting to coordinate beneficiary designations: Retirement accounts, life insurance policies, and payable-on-death accounts can pass outside your will if beneficiary information is outdated.
These issues often develop because people assume estate planning is a one-time task rather than an ongoing process. Reviewing your documents regularly with wills and trusts attorneys helps keep your plans aligned with your current wishes and life circumstances.
Steps That Help Strengthen Your Estate Plan
A thoughtful estate plan reflects more than who receives your assets. It also considers how your loved ones will manage responsibilities, pay expenses, and carry out your instructions. Here are several ways to strengthen your estate plan:
Create a complete inventory: List your real estate, financial accounts, investments, personal property, and digital assets so nothing is overlooked.
Discuss your wishes with loved ones: Open communication can reduce confusion and misunderstandings later.
Review guardianship decisions carefully: Parents of minor children should evaluate who would provide care if needed.
Keep documents organized: Store originals in a secure location accessible only to trusted individuals.
Review your plan regularly: Revisit your estate plan after major life events or every few years to confirm it still reflects your goals.
Regular conversations with wills and trusts attorneys also provide opportunities to address changing laws or personal circumstances before they create unnecessary complications.
When a Trust Can Offer Additional Benefits
Although many people begin with a will, a trust can provide additional advantages depending on your goals and financial situation. Trusts are valuable planning tools that can offer greater flexibility in how assets are managed and distributed.
For example, a trust can help manage property for minor children or beneficiaries who need financial oversight, provide instructions for loved ones with disabilities, maintain greater privacy since many trusts avoid the public probate process, allow assets to be distributed over time, and prepare for potential incapacity through successor trustee management.
Not every person needs a trust, and every situation is different. That's why conversations with our experienced attorneys are valuable when deciding which planning tools best support your family's goals.
Protect Your Family's Future With Wills and Trusts Attorneys
Avoiding common mistakes when drafting a will or trust begins with thoughtful planning and regular reviews. Small oversights today can create unnecessary challenges later, while carefully prepared documents help reflect your wishes and provide guidance for the people you care about most.
At BRESNAHAN, FINNEGAN, COOPER & BRESNAHAN P.C., we work closely with individuals and families who want practical guidance when creating or updating estate plans. Our wills and trusts attorneys help clients make informed decisions based on their unique goals while preparing documents that comply with Pennsylvania law.
Located in Oakmont, Pennsylvania, and RIDC-O'Hara Township, Pennsylvania, we proudly serve clients throughout Oakmont, Allegheny County, and the greater Pittsburgh, Pennsylvania, area. Reach out to us today to schedule a consultation and begin building an estate plan that reflects your wishes.