Creating a will in the UK is a responsible step, but many people make costly mistakes by including things that either shouldn’t be there or that are legally ineffective. But what exactly should be left out of a will and why?
This article explores what you should never put in your will in the UK, explains the legal implications, and offers guidance to help you avoid common pitfalls.
Why Does It Matter What You Put in a Will?
A will is one of the most important legal documents a person can write in their lifetime. It gives clear instructions on how your assets should be distributed after your death and can provide peace of mind to loved ones.
However, including the wrong details or overlooking the legal limitations of what a will can actually enforce can create confusion, cause disputes, and in some cases, render parts of the document legally invalid.
In the UK, there are specific rules around what a will can cover and how it should be drafted. Whether you’re writing your first will or updating an existing one, understanding what not to include is just as important as knowing what to write in.
1. Funeral Arrangements
Including funeral instructions in a will is a common mistake, and while it may seem like the right place to document such personal wishes, it rarely works in practice.
The problem lies in timing. Wills are usually read after the funeral has already taken place, meaning any requests for burial, cremation, or specific ceremonial elements may go unnoticed until it’s too late.
If you want to have control over your funeral arrangements, the best approach is to write a separate letter of wishes.
This informal document can be stored alongside your will but should also be shared with your close family or executor in advance. This ensures that your preferences are known and respected when the time comes.
In cases where prepaid funeral plans are in place, it’s wise to include the plan reference in this letter or notify your executor directly to ensure everything is properly coordinated.
2. Items You Do Not Own
You cannot give away what you don’t legally own. One of the more common oversights in wills is the inclusion of items or assets that the testator does not have full legal rights over.
These might include personal possessions that are jointly owned, property still under a hire purchase agreement, or items that belong to someone else entirely.
For example, if you try to leave a jointly owned car or house to someone, your instructions may be invalidated depending on how the asset is held.
In a joint tenancy, for instance, property automatically passes to the surviving co-owner and does not become part of the estate.
Similarly, if you’re still paying off a vehicle or an item under finance, you don’t technically own it and cannot pass it on through your will. Doing so could result in legal confusion, disappointment, and complications during probate.
Before including any asset in your will, confirm that:
- You are the legal and sole owner of the asset
- The asset is not subject to a binding agreement
- You understand how joint ownership structures affect inheritance
3. Jointly Owned Assets
Joint assets present a unique challenge in will-writing. Property or bank accounts held in joint tenancy automatically pass to the surviving owner, regardless of what your will states.
This legal principle, known as the right of survivorship, overrides any testamentary instructions.
This means that attempting to bequeath your share of a jointly owned house or joint bank account in your will is futile, as the asset will bypass your estate altogether.
In contrast, assets held as tenants in common can be bequeathed through a will, as each owner holds a distinct share.
It’s crucial to understand how each jointly owned asset is structured. If you want your portion to be passed down according to your will, you may need to change the ownership type from joint tenancy to tenants in common, which requires a legal process and consent from all owners involved.
4. Conditional Gifts
While it might seem logical or even prudent to place conditions on the gifts you leave behind, such conditions often complicate matters.
For instance, leaving a sum of money to a relative “only if they complete university” or “provided they marry within a specific religion” may be viewed as discriminatory, vague, or unenforceable.
Such conditions can give rise to legal disputes, especially if the beneficiary feels they have met the requirement or if others contest the fairness of the stipulation.
In many cases, ambiguous or overly restrictive clauses may be declared invalid by a probate court, resulting in the gift falling back into the residual estate or being distributed differently than intended.
If you are determined to include a conditional gift, you should work closely with a solicitor to ensure the terms are legally enforceable and clearly defined. Otherwise, you risk your wishes being ignored or overturned.
5. Gifts to Pets
In UK law, pets are considered property, not legal persons. This means they cannot inherit assets or money. Leaving a monetary gift directly to your pet in your will has no legal standing, and the probate court will not enforce such provisions.
That said, many people understandably wish to provide for their pets after they pass away. The correct way to do this is by leaving a monetary gift to a trusted individual with a written request that they use the funds for the care of the pet.
Alternatively, you can establish a pet trust, especially if you expect the pet to require long-term or expensive care.
For clarity, include in your will:
- The name of the person you’re entrusting with your pet
- A specific amount intended for the pet’s care
- A separate letter of wishes detailing care instructions
6. Insurance Policies with Named Beneficiaries
Many life insurance policies allow you to name a beneficiary. These policies are considered outside of the estate, meaning they are paid directly to the person named, bypassing probate and the instructions in your will.
If you include such a policy in your will, you may inadvertently create conflicting information or confusion for your executor.
For example, if your will states the money should go to your spouse but the policy designates your sibling, the insurance provider will pay the sibling regardless of what the will says.
To avoid complications:
- Review and update your policy’s nomination form regularly
- Do not mention the policy proceeds in your will unless to clarify they are not part of the estate
- Avoid duplication between your will and policy documents
7. Pension Funds
Pensions, like insurance policies, typically sit outside the scope of your will. When you enrol in a pension scheme, you are usually asked to fill out a nomination of beneficiary form.
This document tells the pension provider who should receive any remaining funds upon your death.
These funds are held in trust and distributed at the discretion of the pension scheme trustees. Therefore, even if your will states something different, the trustees are under no legal obligation to follow it.
Instead of listing your pension in your will:
- Submit and regularly update your expression of wish with the provider
- Speak to a financial adviser if you have a complex pension structure
- Inform your executor that the pension falls outside the estate
This ensures that your wishes are aligned across all legal and financial documents.
8. Property with Beneficiary Designations
Some financial accounts and insurance products in the UK allow you to name a beneficiary who will receive the funds upon your death. These may include certain types of savings accounts or investment products.
Like insurance and pension nominations, beneficiary designations take legal precedence over any instructions in a will.
If you try to leave such an asset to someone else in your will, your instructions will be overridden, and the asset will go directly to the named beneficiary.
This creates unnecessary confusion during the probate process and could lead to family disputes. To avoid this:
- Ensure your beneficiary designations are up to date
- Exclude such accounts from your will
- Inform your executor of these arrangements to prevent misunderstandings
9. Business Interests You Don’t Solely Control
Including business assets in your will without understanding the legal structure of the business can be a major misstep.
Many businesses in the UK are governed by partnership agreements or shareholder contracts, which can override your personal wishes.
These documents often include clauses detailing what happens to your share in the event of death such as automatic transfer to remaining partners or buy-out clauses.
If you attempt to bequeath your share in the business through your will without aligning it with these contracts, the result can be legal conflict, confusion, and delays in administration.
For sole traders or those with full ownership, it’s possible to include the business in a will. However, even then, it is recommended to seek legal advice to plan the succession properly.
You may also wish to include instructions for the continuation or winding down of the business to support your beneficiaries or employees.
10. Lump Sums to Vulnerable Beneficiaries
It’s natural to want to leave money to loved ones, but giving a large lump sum to someone who is vulnerable due to disability, illness, addiction, or lack of financial literacy can unintentionally harm them.
In particular, those receiving means-tested state benefits may lose their entitlements if they suddenly inherit a significant amount.
Worse, they may not be in a position to manage the money effectively, putting the inheritance and their well-being at risk.
To address this, you should consider establishing a vulnerable person’s trust or a discretionary trust, which allows funds to be used for the beneficiary’s benefit without impacting state support.
Trustees can oversee the management of these funds and distribute them as needed, offering both financial security and legal protection.
11. Illegal or Unethical Requests
A will must follow the law. If you include illegal, unethical, or discriminatory clauses, those parts of your will are likely to be declared void by a probate court.
Examples include:
- Conditions based on race, religion, or sexual orientation
- Instructions that require unlawful acts
- Disinheritance based on prejudice
Aside from being unenforceable, such clauses can cause distress and division among your heirs. They can also damage the credibility of your will as a whole.
If part of the document is deemed unlawful, it may raise questions about the validity of other provisions, leading to legal disputes or challenges.
Keeping your will neutral, inclusive, and within legal boundaries helps preserve both its enforceability and your legacy.
12. Overly Specific Bequests That Could Become Outdated
While clarity is vital in a will, being too specific, especially about possessions or named individuals, can lead to unintended consequences if circumstances change.
For instance, if you state, “I leave my BMW to my eldest child” but later sell the BMW and buy a different car, the gift may lapse or be contested.
Similarly, if you name grandchildren specifically (e.g., “Sarah and Lewis”) and more grandchildren are born later, those not mentioned may be excluded.
Instead of naming specific items or limiting beneficiaries to current individuals, consider using general terms like “my car” or “all of my grandchildren.” This approach ensures that your will remains relevant and applicable over time without the need for frequent updates.
13. Instructions on How to Manage Digital Assets Without Access Details
In today’s world, digital assets from online bank accounts to social media profile are often overlooked in estate planning.
Including them in your will is not inherently wrong, but doing so without proper access information renders such instructions ineffective.
Simply stating that a beneficiary should take over your online accounts is insufficient if they don’t have the necessary usernames, passwords, or authorisation to access them.
A better strategy is to:
- Create a digital asset inventory stored securely (not in the will itself)
- Include in your will a statement directing your executors to this separate document
- Name a trusted individual who can manage or delete digital accounts as needed
This method protects your privacy while ensuring your digital legacy is managed according to your wishes.
14. Not Following the Correct Process to Witness Your Will
A will that isn’t witnessed correctly is at risk of being completely invalidated, which could result in your estate being distributed under intestacy rules. This is a surprisingly common mistake, particularly with DIY wills.
In England, Wales, and Northern Ireland, a will must be:
- Signed by the testator in the presence of two independent witnesses, both over the age of 18
- Witnessed in real-time after you sign, each witness must sign the will while in your presence
In Scotland, the law is slightly different, requiring only one witness aged 16 or over. Witnesses must not be beneficiaries or married to beneficiaries, as doing so may invalidate any gift made to them.
Remote witnessing was temporarily permitted during the COVID-19 pandemic but is no longer recommended as standard practice. The safest approach is still an in-person witnessing process, ideally in the presence of a legal professional.
15. Only Writing a Will Once
Creating a will is not a one-time event. Many people complete a will, store it away, and forget about it. But failing to review and update your will as life evolves can leave it outdated, ineffective, or even misleading.
Key life events that should trigger a review include:
- Marriage or civil partnership (which revokes a previous will in England, Wales, and Northern Ireland)
- Divorce (which nullifies gifts to an ex-spouse unless a new will is made)
- Birth of children or grandchildren
- Significant changes in wealth or assets
It’s recommended that you review your will at least every three years or after any major life event. This ensures that your instructions remain current and aligned with your circumstances and wishes.
16. Not Talking to Your Executors
Choosing the right executor is crucial they’ll be responsible for carrying out your wishes, managing your estate, and ensuring everything is legally compliant. But many people fail to inform their chosen executors that they’ve been appointed.
According to Exizent’s Bereavement Index, 1 in 5 executors only discovered their role after the death of the person who appointed them.
Worse still, some executors couldn’t locate the will at all, leading to confusion, delays, and increased costs during probate.
To avoid these issues:
- Tell your executor that you’ve named them
- Make sure they agree to the responsibility
- Let them know where the original will is stored
Failing to do so can mean your estate is managed by someone unprepared or worse, someone who doesn’t have access to your instructions.
17. Not Updating or Amending the Will Properly
You cannot simply edit your will with a pen or change details informally. Once it has been signed and witnessed, any updates must be made through the correct legal process.
There are two ways to change a will:
- Codicil: A legal document used for small changes, such as changing executors or adding a minor gift. It must be signed and witnessed like the original will.
- New Will: Required for major changes, such as removing beneficiaries or altering inheritance structures.
If you use a codicil, be aware that both the original will and codicil become public documents after death. Using too many codicils can confuse your intentions and cause disputes among beneficiaries.
If multiple changes are needed, it is generally cleaner and safer to draft a new will altogether.
Conclusion
Writing a will is a responsible step in managing your estate, but its effectiveness depends on knowing not only what to include, but what to leave out.
As outlined, attempting to include joint assets, life insurance policies, pension funds, pets, or overly specific gifts can create complications that may undermine your wishes. In some cases, these inclusions could even render part of your will invalid.
Equally important is the process behind the will ensuring it’s properly signed and witnessed, kept up to date, and shared with your executors. A well-drafted will should be a living document, reviewed regularly as your life changes.
Avoiding the common mistakes discussed in this guide ensures your estate will be managed according to your intentions and provides your loved ones with the clarity and legal protection they deserve.
When in doubt, always consult a solicitor or regulated will-writing professional to ensure your will complies with UK law and is robust enough to stand the test of time.
Frequently Asked Questions
Can I include my funeral wishes in my will?
Yes, but it’s not advisable. Wills are usually read after the funeral has already taken place. It’s better to write a separate letter of wishes and discuss your preferences with loved ones in advance.
What happens if I leave jointly owned property in my will?
If the property is held as joint tenants, your share passes automatically to the surviving owner and cannot be gifted in your will. For tenants in common, your share can be bequeathed.
Can pets legally inherit money in the UK?
No. Pets are treated as property under UK law and cannot inherit money. Instead, you can leave funds to a person you trust, with a request that they use it for the pet’s care.
Should I name life insurance or pension benefits in my will?
No. These assets typically bypass your estate and are governed by beneficiary designations made directly with the provider. Including them in your will can cause confusion or legal conflict.
How do I leave money to someone who receives state benefits?
To avoid disrupting their benefits, it’s best to set up a vulnerable person’s trust or a discretionary trust, so the inheritance is managed without affecting their eligibility.
What makes a will invalid in the UK?
A will may be invalid if it is not properly signed and witnessed, if it contains illegal clauses, or if the testator lacked mental capacity at the time of writing.
How often should I update my will?
Every three years, or immediately after significant life changes such as marriage, divorce, the birth of a child, or a substantial change in financial circumstances.
