10 Common Myths About Wills (and the Truth Behind Them)

Creating a will is one of the most important steps you can take to protect your assets and loved ones—but it’s also one of the most misunderstood legal documents. Many people avoid writing a will because of myths or misinformation. Let’s debunk 10 common myths about wills and reveal the truths you need to know.

1. Myth: Only the wealthy need a will

Truth: Regardless of how much money or property you have, a will ensures your wishes are respected. Without one, the state decides how to distribute your assets, which can create confusion, delay, and family conflict.

2. Myth: I’m too young to need a will

Truth: Adults of any age should have a will, especially if they have dependents, own property, or want to specify who inherits their belongings. Unexpected events can happen at any stage of life.

Read more: The Best Age to Start Estate Planning – And Why It Matters

3. Myth: A will avoids probate

Truth: A will does not avoid probate. Instead, it guides the probate process by instructing the court how to distribute your estate. While it streamlines decisions, probate is still required unless other estate planning tools are in place.

4. Myth: My spouse automatically gets everything

Truth: While spouses often inherit a large share, they may not receive everything without a will—especially if you have children or other heirs. A will clarifies who should receive what and prevents legal complications.

5. Myth: Wills are only for distributing assets

Truth: Wills can also appoint guardians for minor children, name an executor, and express funeral or burial wishes. They’re more than just lists of possessions.

6. Myth: I can just tell my family what I want

Truth: Verbal instructions aren’t legally binding. A will must be written, signed, and witnessed according to your state’s laws to ensure your wishes are enforceable.

7. Myth: Wills are expensive and complicated

Truth: While complex estates may require an attorney, many people can create a basic, legally valid will affordably. Online templates and estate planning services make the process more accessible than ever.

8. Myth: Once I make a will, I’m done

Truth: Wills should be reviewed and updated regularly—especially after major life events like marriage, divorce, births, or significant purchases. An outdated will can create as many problems as having none at all.

9. Myth: A handwritten will is always valid

Truth: Some states accept handwritten (holographic) wills, but not all do. Even when allowed, these wills must meet strict requirements and can be more easily contested.

10. Myth: My debts disappear when I die

Truth: Your debts don’t automatically vanish. Your estate is responsible for paying them before your heirs receive anything. A well-crafted will can help outline how these obligations should be managed.

Final Thoughts

Wills are powerful tools that give you control over your legacy, yet many people put them off due to myths and misunderstandings. By learning the truth, you can take confident steps to protect your family, minimize conflict, and ensure your wishes are honored. Don’t let myths stand in the way of smart planning—writing a will is one of the most thoughtful things you can do.

For legal help in California and your other needs, contact BERYS LAW on this page. We also offer courses on real estate investing, landlording, and templates right here!