Inheritance lawyer reveals: “The most common mistake when making a will is...”

Making a will not only allows you to decide how your estate will be distributed after your death, but can also help prevent family disputes and speed up the inheritance process. However, inheritance law specialists such as Abel Marín warn that many people believe their succession is “settled” simply because they have signed a will, when in fact an overly generic document can create problems among heirs.

According to experts, the first step is to define clearly what you want to achieve with your estate and whom you wish to protect. Every family has different circumstances, so the distribution of assets should be tailored to the specific needs of the heirs. Factors such as children with disabilities, relatives with health problems, or family members who are more financially dependent may all influence estate planning.

Once that objective has been established, legal experts highlight three essential tools to ensure that the testator’s wishes are carried out as effectively as possible. The first is the use of legacies, a legal mechanism that allows specific assets to be assigned to named individuals. Instead of dividing the estate in general terms, the testator can specify who will receive a home, a bank account, or any other asset, thereby reducing room for interpretation and conflict among heirs.

The second recommendation is to include the so-called cautela Socini, a clause intended to ensure compliance with the will. Under this provision, anyone who fails to respect the deceased’s instructions may have their share reduced to the minimum amount guaranteed by law. The purpose is not to punish heirs, but to encourage them to follow the terms of the will and avoid future disputes.

The third element considered essential is the appointment of an executor or estate administrator, whose role is to carry out the deceased’s wishes and oversee the distribution of the estate when the heirs cannot reach an agreement. In addition to managing the estate temporarily until distribution is completed, this person can speed up many administrative procedures, particularly when minors are involved or court authorisation is required.

Marín notes that one of the most common mistakes is assuming that a standard will is suitable for every family situation. In many cases, such documents rely on broad formulas, such as leaving all assets to a spouse or dividing the estate equally among the children, without specifying the destination of each asset or establishing mechanisms to resolve potential disagreements. This lack of detail can lead to differing interpretations and significantly prolong probate proceedings.

Experts also warn that excessive complexity in the distribution can have the opposite effect. Assigning the same property to several heirs who have a poor relationship or creating difficult co-ownership arrangements often becomes a source of family conflict. For that reason, they recommend distributing assets as clearly and individually as possible and avoiding shared ownership of property when there is a history of disagreement among beneficiaries.

Get closer to the game! Whether you like your soccer of the European variety or that on this side of the pond, our AS USA app has it all. Dive into live coverage, expert insights, breaking news, exclusive videos, and more. Plus, stay updated on NFL, NBA and all other big sports stories as well as the latest in current affairs and entertainment. Download now for all-access coverage, right at your fingertips – anytime, anywhere.

And there’s more: check out our TikTok and Instagram reels for bite-sized visual takes on all the biggest soccer news and insights.