What You Should Never Put in Your Will UK
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What You Should Never Put in Your Will UK? | 10 Things to Avoid

Writing a will is one of the most crucial steps you can take to ensure that your assets are passed on to your loved ones according to your wishes. A well-constructed will can prevent unnecessary confusion, disputes, and legal complications after your death.

However, many people make mistakes when drafting their wills, especially when they don’t seek professional advice. These errors can range from including unenforceable terms to overlooking vital details, leading to family disputes or invalid provisions.

In this guide, I’ll walk you through the 10 things you should never put in your will when planning your estate in the UK. Whether you’re drafting your will for the first time or revising an old one, understanding what to exclude is just as important as deciding what to include.

What You Should Never Put in Your Will UK?

When it comes to writing a will in the UK, there are specific things you should avoid. Including certain items or instructions can lead to legal disputes, confusion, or render parts of the will unenforceable. Here are 10 key things to steer clear of when drafting your will.

1. Conditions or Obligations on Beneficiaries

Conditions or Obligations on Beneficiaries

One of the most common mistakes people make is adding conditions to their beneficiaries. For instance, you might want to specify that a beneficiary can only receive their inheritance if they marry someone from a particular religion, complete a degree, or fulfil certain life goals.

While this may seem like a way to ensure your wishes are respected after your death, these types of conditions are often legally unenforceable in the UK.

Courts tend to strike down conditions that are seen as unreasonable, discriminatory, or overly restrictive. Even seemingly harmless conditions can result in lengthy legal battles.

If you’re keen on placing some form of condition, it’s worth considering setting up a trust instead. A trust can be more flexible and allows you to establish rules for how the money is distributed, such as only releasing funds for education or health purposes.

2. Gifts of Property You Don’t Own Outright

Gifts of Property You Don’t Own Outright

Many people mistakenly assume that they can leave mortgaged property or jointly-owned assets in their will without understanding the legal complexities involved.

If you attempt to gift a property that you share ownership of, or that is still under mortgage, it could lead to significant problems for your beneficiaries.

For example, if you and your spouse co-own a property, your share might automatically transfer to your spouse upon your death, regardless of what your will states.

This is because, under UK property law, joint tenancy ensures that the property passes to the surviving owner by default. Similarly, if the property is mortgaged, the debt doesn’t disappear upon your death, and the lender may claim part of the estate to cover the outstanding mortgage. Always ensure you fully understand the ownership structure and outstanding debts before including property in your will.

3. Digital Assets Without Access Details

Digital Assets Without Access Details

Digital assets are an often-overlooked part of estate planning, yet they are becoming increasingly significant. In today’s digital world, most of us have email accounts, social media profiles, online banking, cloud storage, or even cryptocurrency. While these digital assets may have financial or sentimental value, leaving them in your will without proper instructions can be problematic.

For security reasons, you should never include sensitive information such as passwords, PINs, or login details directly in your will. After your death, your will becomes a public document, which means anyone could potentially access this information.

Instead, consider creating a separate document that lists all your digital assets and login credentials, and store it securely (e.g., with a solicitor or a digital asset management service).

Reference this document in your will without revealing specific details, ensuring that your executor can access the information while keeping it secure.

4. Jointly-Owned Assets

Jointly-Owned Assets

In many cases, jointly-owned assets don’t need to be included in your will. Whether it’s a house or a joint bank account, these assets typically pass to the surviving co-owner through a legal process known as “survivorship”.

For example, if you own a property jointly with your spouse, the house will automatically transfer to them upon your death, regardless of what is written in your will.

Attempting to gift jointly-owned assets through a will can create confusion or, worse, result in disputes between the surviving co-owner and the named beneficiary. To avoid these complications, it’s best to leave such assets out of your will and allow the laws of survivorship to take effect.

5. Specific Funeral Instructions

Specific Funeral Instructions

It may seem logical to include your funeral wishes in your will, but this often leads to practical issues. Wills are typically not read until after the funeral has taken place, meaning your loved ones might not be aware of your preferences in time.

Instead, communicate your funeral preferences directly to your family or document them in a separate letter that can be easily accessed upon your death.

This ensures that your final wishes, such as whether you’d prefer burial or cremation, the type of ceremony, or any specific arrangements, can be carried out in a timely manner. Keep this document with important papers that your family can access immediately, rather than waiting for the will to be processed.

6. Business Ownership Shares Without Clear Instructions

Business Ownership Shares Without Clear Instructions

If you own a business, leaving shares or ownership interests in your will without proper instructions can create significant challenges for your heirs and partners. Without clear guidance, your business could face serious disruption, and the value of your shares could diminish due to mismanagement or disputes.

It’s important to have a business succession plan in place alongside your will, which outlines what should happen to your shares, partnership interests, or any other business-related assets. Consider whether your heirs should inherit your business shares outright, or if you’d prefer a trust to manage them. Discuss this with a solicitor to ensure your business continues to thrive, even after your passing.

7. Unintended Disinheritance of Children or Spouse

Unintended Disinheritance of Children or Spouse

One of the most heart-breaking mistakes someone can make is unintentionally disinheriting their spouse, children, or other close family members. This can happen when a will is not updated after major life events, such as remarriage, the birth of additional children, or divorce.

In the UK, certain laws, like the Inheritance (Provision for Family and Dependants) Act 1975, provide family members with a right to claim a portion of the estate if they feel they have been unfairly excluded. However, these claims can lead to long and costly legal battles. To avoid unintentional disinheritance, regularly update your will to reflect changes in your personal and family circumstances.

8. Minors as Direct Beneficiaries

Minors as Direct Beneficiaries

It’s natural to want to leave an inheritance to your children or grandchildren, but directly leaving assets to minors can cause legal complications. In the UK, anyone under the age of 18 is not legally allowed to manage or control assets. If you name a minor as a beneficiary without setting up the proper legal structure, the court will appoint someone to manage the assets on their behalf, which can be an expensive and lengthy process.

Instead, it’s advisable to set up a trust that will hold the inheritance until the child reaches a certain age (usually 18 or 21). You can appoint trustees to manage the assets on the child’s behalf and make sure the funds are used appropriately for their upbringing, education, or other needs until they are old enough to take control of the inheritance.

9. Outdated Provisions and Heirs

Outdated Provisions and Heirs

A will that hasn’t been updated for years can lead to confusion and legal issues, especially if it contains provisions for heirs who have since passed away, divorced, or otherwise changed their relationship with you. For instance, if your will names a former spouse or partner as a beneficiary but you have since remarried, this could result in disputes between your current spouse and other beneficiaries.

To prevent this, it’s essential to review and update your will whenever there is a significant life change, such as a marriage, divorce, birth of a child, or death of a loved one. Regular updates will help ensure that your will reflects your current wishes and family dynamics, reducing the risk of conflicts after your death.

10. Personal Items of Sentimental Value

Personal Items of Sentimental Value

While it’s common to want to leave personal items like family heirlooms, jewellery, or other sentimental belongings to specific people, including these in your will can create complications. If these items are included in your will, their distribution may be delayed, and disputes can arise among family members who have emotional attachments to the items.

To avoid potential issues, consider creating a “letter of wishes”, which is a separate document from your will. This letter can detail how you want your personal items to be distributed among your loved ones. While not legally binding, it serves as a helpful guide for your executor and can prevent misunderstandings or conflicts among beneficiaries.

Items That Should Not Be in Your Will vs. Proper Handling

To further clarify, here’s a comparison table that highlights items you should avoid including in your will and the proper way to handle them:

Items Not to Include Proper Way to Handle Them
Jointly-Owned Assets These pass automatically to the surviving co-owner by rights of survivorship.
Digital Assets (passwords) Use a separate document for digital asset details and store it securely.
Funeral Instructions Share instructions with family or leave them in a separate letter.
Minors as Beneficiaries Establish a trust to manage assets for minors until they reach legal age.

Conclusion

Writing a will is not just about deciding who gets what—it’s about making sure that your wishes are carried out as smoothly and effectively as possible.

By knowing what not to include in your will, you can avoid common mistakes that could lead to disputes, confusion, or legal challenges. Make sure to exclude things like jointly-owned assets, digital passwords, and unenforceable conditions, while also updating your will regularly to reflect changes in your life.

For more comprehensive estate planning, I highly recommend consulting with a solicitor who specialises in wills and probate to ensure your will is legally sound and aligned with your wishes.

FAQ Never Put in Your Will

Why should you avoid putting conditions on beneficiaries in a will?

Placing conditions on inheritance can be unenforceable or lead to legal disputes. Conditions such as requiring a beneficiary to marry someone of a specific religion may violate UK laws and be considered unreasonable. A trust is a better alternative if you want to manage the distribution of your assets with some control.

Can I include social media passwords in my will?

No, including sensitive information such as social media passwords in your will is a bad idea because wills become public documents after probate. Instead, leave these details in a separate document that is stored securely and make sure your executor knows where to find it.

What happens if I include mortgaged property in my will?

If you leave mortgaged property in your will without addressing the outstanding debt, your beneficiaries may face complications. The lender will still have a claim on the property, and the mortgage will need to be settled by your estate, which could reduce the overall inheritance.

How do jointly-owned assets get distributed?

In the UK, jointly-owned assets automatically transfer to the surviving co-owner through rights of survivorship. This means that such assets don’t need to be mentioned in your will and will bypass probate entirely.

What should I do with funeral instructions instead of including them in a will?

It’s best to share your funeral preferences with your family members verbally or in a separate document that can be accessed immediately after your death. Wills are often not read until after the funeral has occurred, making any instructions about your funeral impractical if placed in the will.

Why shouldn’t I leave personal items in my will?

Personal items such as jewellery or family heirlooms can lead to disputes if not handled carefully. A separate “letter of wishes” outlining how you’d like personal items distributed is often a better solution, as it can be more detailed and is easier to update.

How often should I update my will?

It’s advisable to update your will after major life changes such as marriage, divorce, the birth of a child, or the death of a family member. Regular reviews ensure your will remains up to date and reflects your current wishes and family situation.

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