Creating a will is one of the most important steps in ensuring your loved ones are cared for after your passing. However, there are certain things that you should never include in your will. Including inappropriate or invalid items can cause legal complications, delay the distribution of your estate, or even render parts of your will unenforceable. Here is a comprehensive guide to help you understand what you should never put in your will if you are based in the UK.
1. Funeral Wishes
While it may seem logical to include your funeral wishes in your will, this can be problematic. Wills are often not read until after the funeral, meaning your preferences may not be known in time. Instead, communicate your funeral wishes to your family or include them in a separate document that can be accessed immediately upon your death.
What to Do Instead:
Write a letter or a separate document detailing your funeral wishes and provide copies to your next of kin or executor.
2. Illegal or Immoral Requests
Any request in your will that involves illegal activities will be ignored by the courts. Similarly, immoral or offensive requests, such as disinheriting someone based on discriminatory reasons, may be challenged and dismissed.
Example:
Leaving instructions to vandalize property or asking your executor to distribute assets in a way that discriminates against someone on the basis of gender, race, or religion will not be upheld.
3. Conditions That Are Impossible to Enforce
Conditions in wills are often a source of contention. If you include conditional bequests—such as requiring a beneficiary to marry someone of a specific background—they may not be enforceable if deemed unreasonable or against public policy.
Example:
“My son will inherit my estate only if he becomes a doctor” is a clause that may not hold up in UK law.
What to Do Instead:
If you wish to encourage certain behaviors, consider leaving a discretionary trust managed by trustees who can allocate funds accordingly.
4. Jointly-Owned Assets
Assets held in joint ownership automatically pass to the surviving owner and do not form part of your estate. Attempting to leave jointly-owned property in your will can lead to confusion and legal disputes.
Example:
If you own a house with your spouse as joint tenants, your share will pass directly to them, regardless of what your will states.
What to Do Instead:
Review your joint ownership agreements and seek legal advice to ensure your intentions are reflected appropriately.
5. Assets That Are Already Designated to Beneficiaries
Certain assets, such as life insurance policies and pension funds, typically have named beneficiaries. These are not governed by your will and should not be included.
Example:
Attempting to leave your life insurance proceeds to someone in your will when you’ve already named a beneficiary will create confusion.
What to Do Instead:
Regularly update your beneficiary designations to reflect your current wishes.
6. Digital Assets Without Proper Access Instructions
In today’s digital age, many people own significant digital assets, including social media accounts, cryptocurrency, or online businesses. Including these in your will without proper instructions can make them inaccessible.
Example:
Leaving vague instructions like “All my digital assets go to my niece” without providing passwords or access details can render this clause meaningless.
What to Do Instead:
Create a digital legacy plan with clear instructions and access details, and store it securely.
7. Specific Items That Are Likely to Be Sold or Lost
Listing specific possessions, such as cars, electronics, or jewelry, can cause issues if these items are no longer in your possession at the time of your death.
Example:
“I leave my gold watch to my grandson” may be problematic if the watch has been sold or lost.
What to Do Instead:
Include a residuary clause in your will that specifies how the remainder of your estate should be distributed if specific items are unavailable.
8. Unrealistic Bequests
Unrealistic or vague bequests can create legal challenges and family disputes. For instance, leaving money to an organization that no longer exists or asking for unreasonable conditions can complicate the administration of your will.
Example:
“I leave £10,000 to my favorite bookshop” could create issues if the shop has closed.
What to Do Instead:
Research the viability of your bequests and consider consulting a solicitor to ensure your intentions are clear.
9. Instructions for Personal Guardianship
While you can suggest guardianship arrangements for minor children in your will, the final decision rests with the courts. Including overly prescriptive guardianship terms may not be enforceable.
What to Do Instead:
Nominate guardians in your will but discuss your preferences with potential guardians and legal advisors to ensure clarity and agreement.
10. Vague or Contradictory Instructions
Ambiguous wording can lead to disputes and delays. Contradictions—such as leaving the same item to multiple beneficiaries—can make your will unenforceable in certain parts.
Example:
Leaving your house to two different people without specifying how it should be divided can cause confusion.
What to Do Instead:
Work with a solicitor to draft a clear and legally sound will.
Conclusion
Writing a will is a crucial part of estate planning, but knowing what not to include is just as important as deciding what to include. Avoiding the mistakes outlined above will help ensure your will is legally valid, enforceable, and aligned with your wishes.
To make the process smoother, consider consulting a legal professional to draft or review your will. By taking the right precautions, you can protect your legacy and provide peace of mind to your loved ones.
