Why Some Things Don’t Belong in Your Will
Writing a Will is one of the most important decisions you’ll ever make. It ensures that your estate is handled according to your wishes, providing clarity and comfort to those you leave behind. But just as crucial as knowing what to include is understanding what you should never put in your Will in the UK.
Certain instructions, assets or conditions can lead to confusion, legal challenges, or even render your Will invalid in part. This guide by Burbage Finance Ltd outlines key exclusions and offers expert Will writing advice for anyone seeking peace of mind in later life.
What You Should Never Put in Your Will in the UK
1. Funeral Wishes
While it’s tempting to outline your funeral preferences in your Will, it’s not advisable. Wills are often read after the funeral, making them too late for practical guidance. Instead, document funeral wishes separately or explore our funeral planning services.
2. Jointly Owned Property or Bank Accounts
Assets held as joint tenants automatically pass to the surviving co-owner, regardless of what your Will states. This applies to jointly held property or shared accounts. Ensure you understand your ownership structure before making specific bequests.
3. Life Insurance or Pension Plans with Named Beneficiaries
These are non-probate assets and typically pass outside your Will. Naming a different recipient in your Will won’t override the original designation. Always update your beneficiaries directly with the relevant provider.
4. Illegal or Immoral Requests
You cannot legally use your Will to ask someone to break the law or make unethical demands—such clauses are automatically invalid.
5. Conditional Gifts (e.g. "If my son divorces...")
UK courts generally disapprove of conditional gifts tied to personal behaviours such as marriage or name changes. These are legally ambiguous and risk being challenged.
6. Personal Sentimental Items Without Clarity
While personal belongings can be gifted, vague or emotional terms can cause disputes. It’s often better to list sentimental items in a memorandum of wishes that can be updated without re-writing your Will.
7. Business Succession Plans
Complex assets like business shares or directorships should be handled through a separate succession plan, possibly supported by a trust. Visit our trust and bloodline planning page for guidance.
8. Digital Assets Without Structure
Digital assets (social media, crypto wallets, subscriptions) are rarely addressed properly. Consider a separate document detailing your digital estate, with instructions for a digital executor.
9. Foreign Property
If you own property abroad, seek local legal advice. Your UK Will might not be recognised in that jurisdiction. You may need a separate foreign Will alongside your UK one.
10. Vague Charitable Gifts
Always include full charity names and registration numbers. General references can cause legal ambiguity. Better still, work with a Will writing expert to ensure accuracy.
11. Disinheritance Without Legal Support
You may disinherit certain individuals, but not without risk. In the UK, spouses, children, and dependents may have legal claims under the Inheritance (Provision for Family and Dependants) Act 1975. Professional advice is essential when excluding a close relative.
Legal Advice for Wills: What Can Void a Will in the UK?
In addition to content errors, poor drafting can lead to a Will being challenged or even ruled invalid. Common issues include:
- Lack of proper witnessing
- Ambiguity in language
- Undue influence
- Lack of capacity at the time of writing
To avoid these issues, always seek professional assistance. Burbage Finance Ltd offers compliant, solicitor-supported Will writing in Coventry and beyond.
FAQs: Will Writing Advice UK
Jointly held property typically passes directly to the surviving co-owner and cannot be redirected in your Will. If you wish to leave your share to someone else, the property must be held as tenants in common. Always confirm how your assets are structured before making provisions.
No, but it’s not legally binding, and often the Will is read too late for funeral decisions. It’s better to document preferences separately or use a prepaid funeral plan to ensure your wishes are honoured.
A Will may be invalidated due to:
- Lack of proper signing and witnessing
- Unclear or conflicting instructions
- Evidence of coercion or lack of mental capacity
- Inclusion of illegal conditions
To avoid this, get your Will drafted or reviewed by professionals. Contact Burbage Finance for expert support.
Yes—but not directly. It’s better to appoint a digital executor and store login details separately. Including access data in your Will may pose a security risk. We recommend digital estate planning as part of your lasting power of attorney and trust planning arrangements.
Absolutely—and you should. Marriage revokes a Will in England and Wales unless it was written in contemplation of that marriage. Divorce does not invalidate a Will, but it can affect certain provisions. Always review your Will after any major life change with the help of a Will writing advisor.
Conclusion: Draft with Care, Review with Experts
Writing a legally sound, emotionally sensitive, and administratively effective Will means avoiding common missteps. From funeral preferences to complex digital assets, some things simply don’t belong in your Will.
At Burbage Finance Ltd, we provide regulated, practical solutions to help you build an estate plan that stands the test of time—whether you’re writing your first Will or revisiting it after major life changes.
Ready to get started? Contact us today for expert help with Will writing, probate planning, or lasting powers of attorney.