What should you never include in your Will?

Creating a will is a crucial step in protecting your assets and ensuring your final wishes are after your passing. While most individuals concentrate on what should be included in their wills, it is equally vital to understand what to not include. This awareness can help ensure the will’s validity, reduce the potential for disputes, and avert unintended consequences. Inadequately constructed clauses or inappropriate inclusions may lead to legal complications and delays in the probate process. Below are some important points and considerations to keep in mind while preparing your will, along with examples of items to avoid including so that you can create a will that effectively reflects your wishes and minimises potential legal challenges. This list is not exhaustive; therefore, it is advisable to seek professional legal guidance to confirm that your will is thorough and enforceable.

1. Items You Do Not Own

It may seem obvious, but you cannot gift items that you do not own. Assets held in joint ownership, such as joint bank accounts or property owned as joint tenants, will automatically transfer to the surviving co-owner, regardless of the stipulations in your will. This same principle applies to business interests shared with others. If you intend to transfer your share of a business, it is vital to engage in discussions with your co-owners, as their approval may be necessary. Additionally, items that are leased or subject to hire purchase agreements cannot be included in a will. Similarly, assets like life insurance policies or pensions with designated beneficiaries should be excluded from your will, as they operate outside of the estate.

2. Funeral Arrangements

While it’s not uncommon to include funeral preferences, it’s important to remember that these wishes are not legally binding. Funeral arrangements are often made before the will is even reviewed. For this reason, it’s better to communicate your preferences to family members or loved ones directly, allowing them to handle the arrangements. This also gives you flexibility, as you can alter your wishes without needing to update the will each time.

3. Conditions on Gifts

Imposing conditions on gifts can lead to unnecessary disputes or delays in the administration of your estate. While setting an age limit for an inheritance is generally acceptable, attaching complex conditions—such as requiring someone to marry or divorce a particular individual—can cause difficulties. These types of conditions are hard to enforce and may create confusion, potentially slowing down the distribution process. To ensure a smooth transfer of assets, it’s wise to avoid unnecessary conditions and provide clear instructions.

4. Gifts to Pets

While it may be tempting to leave money or property to a beloved pet, this isn’t legally feasible. Pets are not legal entities and, therefore, cannot inherit assets. However, you can name a caretaker for your pet and designate funds for their care. This ensures that your pet will be looked after according to your wishes, without attempting to treat them as a beneficiary.

5. Combinations or Passwords

Including sensitive information like safe combinations or account passwords in your will poses a serious security risk. Since wills become public documents after probate, sharing such details could expose your personal information. Instead of including them in your will, store these details securely and provide them to a trusted individual or solicitor who can access them when necessary.

6. Business Interests

If you own a business, including your business interests in a will can be tricky. Probate can delay business operations, and you might not have the legal right to transfer certain business interests, such as shares. If a buy-sell agreement is in place, your share may automatically pass to a surviving owner. Before including any business assets in your will, make sure you fully understand the legalities and consult a professional to ensure the transfer is possible.

7. Alterations or Edits

Once your will is finalised, it’s important not to make handwritten changes. Only the original printed version of your will is legally valid. If you need to make minor alterations, these should be documented using a codicil form. For major changes, it’s best to draft a new will to avoid confusion or challenges in the future.

8. Lump Sums to Vulnerable Beneficiaries

Leaving a lump sum of money to a vulnerable or disabled beneficiary can unintentionally disrupt their benefits or financial stability. Instead, consider setting up a trust, which allows for controlled distribution while protecting their benefits. Consulting with a specialist in estate planning can ensure that the distribution complies with regulations and does not affect the beneficiary’s eligibility for government assistance.

Final Thoughts

This list highlights several important points to consider when creating a will, but it is not comprehensive. There may be other factors or considerations specific to your personal circumstances that should be taken into account. Therefore, it’s always advisable to seek professional legal guidance to ensure your will is comprehensive, legally enforceable, and tailored to your specific needs. With careful planning and consideration, you can protect your legacy and provide peace of mind to your loved ones.

Our Firm 

At Andrew Isaacs Law, we specialise in creating customised Wills tailored specifically to your unique circumstances. Our team possesses extensive experience in drafting Wills and can provide knowledgeable advice regarding any implications for you and your family.

We pride ourselves on transparency regarding costs; our straightforward approach entails a fixed fee no hidden charges.

To ensure the security of your documents, we offer complimentary storage of your Will for as long as you need and will provide you with a copy for your personal records.

Our commitment is to finalise your Will within 14 days after receiving your final instructions.

For further assistance, please call us on 01302 349 480 or contact us here

Article dated: 13/10/2025

Devon Hinchliffe COURT OF PROTECTION PARALEGAL

Devon is a Paralegal in our busy Court of Protection Department, providing invaluable assistance to our Solicitors by creating legal documents and letters, liaising with clients and other experts, generating reports, and managing client finances.

Devon has an impressive academic background, having earned her degree in Law with Criminology from Sheffield Hallam University and her LLM – master’s in law from the University of Law in Leeds. With a strong ambition to become a Solicitor, Devon is eager to further her legal expertise.

In her spare time, Devon enjoys travelling, spending time with her family and dining out.

 

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