Cover all
the angles

What clauses should my Will contain?

4 June 2026

Some people see a Will as a place to outline all of the things they have in their possession and where they would like those things to end up.

While that is a functional way of looking at a Will, there are additional clauses that can be included in a Will to protect your legacy and give peace of mind to those left behind.

Often overlooked by those doing DIY Wills, these additional clauses should be understood if you want to make your Will truly effective.

Specific and residuary legacies

It is always best practice to keep your Will updated when your circumstances change or if you acquire new assets.

However, life can get in the way sometimes and a residuary clause can be an effective measure of providing some coverage for new assets.

You are able to dictate how future assets should be handled through this clause and it may be worth considering grouping together similar assets, like artwork or vehicles, or dividing assets based on their worth.

A residuary clause can prevent things from being overlooked, but should not be treated as a reason to never revisit your Will, as being specific with asset division is advisable.

Conditional and contingent gifts

Most people write Wills with the sense that they will die before most of the people in their lives.

For those who do not rush to update their Will each time they outlive a proposed beneficiary, adopting clauses that handle the person’s shares if they predecease you can prevent confusion and disputes.

Generally, this will see a person’s shares pass onto a close relative of theirs, or you may wish to reassign that share to one of your own relatives or other friends.

You cannot know what may happen to the people named in your Will, so having contingencies in place is a good idea.

Guardians and trusts for minors

While assigning guardianship for any minors in your care is vital, there are other aspects to consider when writing children into your Will.

You should make it clear who will be responsible for dependents in your care, ensuring that there are a few options in the event that one or more parties cannot commit to the responsibility.

Beyond this, you may wish to establish a trust to look after the share of inheritance that you want someone who is currently a minor to receive.

Your children, grandchildren or great-grandchildren may not be ready to receive an inheritance while young, so establishing a trust that unlocks for the recipient once they meet a certain age or specific conditions can preserve your legacy.

Appointing a trusted individual as a guardian of the trust can ensure that your beneficiaries receive their inheritance when a more appropriate time arrives.

Anti-contest clauses

Inheritance disputes can be fierce as more young people are relying on inheritances to get onto the property ladder.

If you have any concerns that family members may try to contest your Will, it is best to include in terrorem, or anti-contest, clauses.

These clauses are not inherently legally enforceable but can serve to prevent frivolous litigation that could see family relationships irreparably ruined.

Executor and trustee indemnities

If your estate is large or complex, the executors of your Will and the trustees of your estate may struggle to manage your assets.

Should you feel that some autonomy might be helpful, an indemnity clause can be the key to achieving this and ensuring they act in good faith.

The goal is to limit personal liability, which may put off the people who are best equipped to handle your estate, so that your wishes can actually be respected.

Powers to appoint and vary

A follow-on from an indemnity clause, establishing the power to appoint and vary holds your trustees to a higher standard.

It becomes possible for decisions to be made about your estate in reaction to how well the people you put faith in to handle your estate prove themselves capable of the task.

Trustees have the power to appoint trust assets among beneficiaries or vary distributions, enabling responsive management of your estate.

Commonly, this can help individuals manage their needs, tax obligations, or support family members in making agreed-upon adjustments to who receives what.

Rather than having things devolve into disputes, the power to appoint and vary means that you establish the framework of inheritance even as those on the receiving end get more control.

Jurisdiction and governing law

In an interconnected world, it is not uncommon to have assets or family connections abroad.

Getting ahead of any potential legal wrinkles by clarifying what is covered under the law of England and Wales and what may need to be addressed separately can be of great help to your beneficiaries.

For more complex multinational estates, creating mirror Wills across jurisdictions, each tailored to a country’s legal system, can further reduce the risk of conflict between relatives in different countries.

Can I include these clauses in a DIY Will?

To fully utilise these clauses, it is best to get professional legal support.

Our team can help you to understand which clauses will be of most benefit to your Will by understanding your estate from a legal perspective.

We can work with you to update your Will as necessary to further reduce the risk of confusion or disputes after you have died.

For comprehensive Will-writing support that protects your legacy, get in touch with our team.