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Each year, we advise hundreds of people who are making a Will for the first time or reviewing an existing one.
Most have given careful thought to who should benefit from their estate and how their assets should be divided.
What is less widely understood is that not everything belongs in a Will and that some matters cannot be dealt with by Will at all.
The problem is that when you write something you shouldn’t put into the document, it can cause parts of it to be ineffective or open to dispute after death.
Knowing what to leave out is just as important as knowing what to include.
While you technically can include your funeral wishes in your Will, it is not the best way to document them.
It’s not unusual for a Will to be read post-funeral, in which case the loved ones might only hear of these plans when it’s too late.
A better alternative would be to either state your wishes in a separate letter or just have an honest discussion with your family or executors about how you would like them to bid you farewell.
If you own assets jointly with someone else, they may not be able to be dealt with by your Will.
Assets held as joint tenants pass automatically to the surviving owner, regardless of what your Will says. Assets held as tenants in common can be left to your chosen beneficiary, but only to the extent of your share.
Pensions and life insurance policies are also dealt with outside a Will. These usually pass according to the nomination forms held by the provider.
Including them in a Will can create confusion and false expectations for beneficiaries.
A Will is a legal document, not a personal letter. Including explanations, criticisms or emotional messages can increase the likelihood of upset and conflict among family members.
If there is a need to explain decisions or provide personal guidance, a separate letter of wishes is usually more appropriate. This allows thoughts to be expressed without affecting the legal structure of the Will.
In England and Wales, pets are considered property and, as a result, cannot be beneficiaries.
What you can do is leave your pet to somebody you trust and leave them money to cover their care costs.
It is ill-advised to include password information for any accounts you have. That includes any streaming service passwords, all the way through to banking information.
Once probate is granted, the Will becomes a public document, meaning anyone can view it.
If you are looking to draft your Will and are unsure what to include, please get in touch.
We can help you prepare one that accommodates your wishes and protects the people you care about.
Paralegal – Wills and Powers of Attorney
My legal career started in 2011 as a legal secretary. Over the years I have gained a great deal of insight in many areas of law, especially in relation to Private Client work.
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