Writing a will is one of the most important things you can do. It helps loved ones know what to do with your possessions when you pass away. It also allows them to calculate how much inheritance tax needs to be paid on the assets they will be inheriting. There are many things to consider when making a will.
While you might be tempted to include everything you can think of to help those dealing with your estate. Some things can be unnecessary and could actually invalidate your will.
In this article, we will cover what you should never put in your will in the UK and provide you with 14 tips to consider.
1. Alterations or Edits
Only things listed in print on the original document will be valid. Any changes that you won’t actually be valid when the will comes into effect.
If your will originally states that you want to leave your house to your surviving daughter. Years later, you decide that your surviving granddaughter would benefit more from the house, so you add “grand” in front of “daughter” in the will. When it comes time to divide any inheritance, your daughter will inherit the house, as the original will specifies. The aim is to avoid people contesting the will due to edits.
If you have minor changes such as the above, you will need to complete a codicil form to accompany the original will. For bigger changes, you’ll need to carry out a complete rewrite of the will.
2. Stapled Sheets
If your estate is extensive and your will spans several pages, you might consider stapling the pages together to keep them organised. This approach could potentially lead to challenges or even invalidate the will.
Rather than stapling, it's advisable to bind the pages. While keeping all related documents, including any codicils, together without staples. This helps ensure your will remains intact and less susceptible to challenges.
3. Illegal Requests
Any requests in your will that violate UK or international law should not be included.
For example, if you stipulate that your son will only receive his inheritance if he engages in tax fraud, this would be rejected. If you're unsure whether a request may be illegal, it's advisable to consult a solicitor for guidance. Anything in the will that breaks the law will be invalidated.
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4. Anything You Don’t Own
You cannot include anything in your will that you do not own. This can leave beneficiaries disappointed if this was the only item bequeathed to them.
If you’ve bought a car through a hire purchase agreement (HP), you don’t own the car until all payments are made. If you leave the car to a beneficiary in your will while there are still outstanding payments, the beneficiary may face issues.
When drafting your will, it's best to seek legal advice if you're unsure about ownership of assets. A solicitor can help clarify any issues and ensure your will is accurate and enforceable.
5. Forgiveness of Debts
Forgiving debts owed to the deceased is often viewed as a kind gesture to relieve stress for debtors. This can create complications if the estate lacks enough funds to settle the deceased’s debts. It can open the door to challenges from beneficiaries if they believe the forgiveness reduces inheritance.
For example, if your sister owes you £35,000 as a loan for a house and you pass away, your estate must settle its own debts before distributing any assets. If there aren’t sufficient funds in the estate, your sister may need to repay the loan to the estate to ensure that the deceased's creditors are paid.
When creating your will, you may have enough assets to cover your debts without any debtors. While it is possible to forgive debts in a will by adding a clause it is not recommended
6. Unconfirmed Executor/Executors
One important part that is often overlooked when drafting a will is appointing an executor or multiple executors. While ensuring beneficiaries receive assets according to your wishes is important, choosing the right executor is equally essential.
If you don't name an executor in your will, potential candidates must apply to become the administrator of the estate. Even though they have to go through the probate process regardless.
Read more on what is probate
Naming an executor in the will simplifies things and ensures they are prepared for the role.
When you reach the stage of drafting your will, it's advised you first discuss the role with your prospective executor(s) to confirm they wish to do it. Once they agree, be sure to include this request in your will.
7. Jointly Held Assets
When drafting your will, it can be tempting to include every asset you own or co-own to ensure your executor knows exactly how to manage them. However, jointly owned assets such as bank accounts, should not always be included in your will.
If you own property as joint tenants with the right of survivorship, your share will automatically pass to the surviving co-owner. This is typically a spouse, and should not be included in your will.
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8. Pension Plans and Life Insurance
You might wish to include life insurance and pension benefits in your will. But these are not legally yours to distribute through your will.
You might assume that since your wife will receive the payout upon your death, you should name her in your will, but this is unnecessary. When you set up the life insurance policy, you would have completed a ‘nomination of beneficiaries’ form. This form already designates who will receive the benefits.
9. Business Interests
If you own or co-own a business, you may be inclined to include it in your will. However, there are several reasons why this may not be advisable. One major issue centers on how long does probate take as probate typically takes between 6 and 12 months, leaving the business in limbo during that time.
You may not have the legal right to transfer any shares of the business through your will. This does depend on any agreements or ownership structures in place. If there is a buy-sell agreement (also called a shotgun clause) in place, the surviving owner can purchase your share of the business upon your death. This means your share cannot be passed on through your will.
Include business interests in your will only if you have the legal right to do so.
10. Combinations or Passwords
People often include combinations of safes and passwords to accounts in their wills. This is typically to make it easier for the executor to access assets. However, this can pose a significant risk, as wills become public documents once probate is granted. This can lead to theft or even identity fraud.
Working with a legal professional to draft your will can help avoid these risks. They will advise you on excluding sensitive information and safeguarding your assets properly. If your assets require combinations or passwords, you can store these in a safe with the code being with your solicitor. This can be kept with them until your assets need accessing.
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11. Unethical Conditions or Rules
While it might seem thoughtful, you should avoid including conditions or rules in your will, especially unethical ones. This might be setting requirements that encourage someone to achieve a certain goal. Such requests are not enforceable by law. They can also lead to disputes or challenges during the distribution of your estate.
For example, if you plan to leave a brooch to your daughter upon her getting married or having a child, it’s better to leave this condition out. She might not want to get married or may be unable to have children, leaving the question of what happens to the brooch.
Whilst such requests will not invalidate the will, they are difficult to enforce. When drafting your will, provide clear instructions without any caveats or conditions. This ensures that beneficiaries receive their inheritance, without needing to meet any rules.
12. Why Someone Is Not Included in the Will
Someone is likely to miss out on smaller estates. While there may be a temptation to explain why certain individuals are excluded, this is often unnecessary and can cause more harm than good. When drafting your will, focus on the actual beneficiaries. Leave out any unnecessary reasons as to why some people weren't included.
If a significant family member is expecting to inherit but you don't want them to, simply omitting them might not be ideal. In this case, you can use an 'exclusion clause'. This names them, states your relationship with them, and provides the reason for their exclusion. An example being that they already have wealth and will not greatly benefit from any inheritance. This clause serves as a declaration that their omission was intentional.
13. Pets as Beneficiaries
It’s important to note that pets cannot be beneficiaries in a will. As domesticated animals, they rely on humans for their survival. They cannot inherit property or finances. But, you can make provisions for their care in your will.
If you wish to leave your house to your three cats to ensure they have a home, this is not enforceable. The executor of your will has the authority to decide what happens to the cats. The house would be distributed through the rules of intestacy instead. A better approach would be to designate a trusted family member or friend as the caretaker of the three cats and allocate funds for their care.
14. Personal Wishes Including Funeral Arrangements
Another aspect that may be tempting to include in your will is final wishes following your passing, such as funeral arrangements. While it may seem logical to document these wishes, they are not legally binding. They can lead to disagreements and added pressure on those responsible for organising your funeral. It might be better to have a letter of wishes to accompany your will instead. This will document anything you would like to happen.
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Why You Should Hire a Solicitor to Make Your Will
When estate planning in the event of your passing, writing a will is one of the most important things you can do. You’ll want to make sure the right people get the right assets and your will avoids any disagreements or challenges. Getting a solicitor to help you with this will ensure that your will is both legally accurate and clear. They can also give you quotes on how much it will cost to change your will.
Want to know how much it costs to make a will? Here at Compare My Move, we can connect you with up to 6 expert will writers in your local area. Simply fill out our online form to be matched with companies and save on your will writing costs.
Each will writer we work with is a member of one of the following:
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This means they will provide you with professional advice and a reliable service. Each company has passed our strict verification process.
