This blog explores what not to include in a will in the UK, helping you avoid common pitfalls and ensure your final wishes are carried out as planned. We’ll also answer some frequently asked questions about will writing to provide more insight into this crucial process.
Crafting a will is one of the most crucial steps you can take in ensuring your assets will be distributed according to your wishes after death. However, understanding what should and should not be included can prevent complications, disputes or invalidity later on in the will’s process.
Willing Carefully
A will is a legal document and any mistake or oversight could have unintended repercussions. When creating or revising an existing will, it’s essential that any mistakes don’t make your will unenforceable, lead to legal challenges or delay its distribution of estate assets.
Let’s go over nine key items you should never include in a will.
1. Conditional Gifts
Including conditional gifts in your will can pose numerous difficulties down the road. A conditional gift occurs when an asset is given away under specific conditions – for instance, leaving your nephew £5,000 only if he graduates university – which while this might appear like an effective way of encouraging certain behaviors it could create serious legal and ethical complications down the road.
Conditional gifts can be difficult to enforce legally and may create unnecessary delays for both your loved ones and yourself. Furthermore, in some instances these gifts could even be declared null and void if their conditions prove impractical or unenforceable – it might be better for your beneficiaries’ future benefit simply to trust that their inheritance will be used wisely instead of including conditional clauses within your will.
Example to Avoid: I leave £10,000 for my daughter should she marry before 30.
2. Funeral Arrangements
It is common to list funeral wishes in one’s will, such as burial vs cremation options; however, such information could become outdated once funeral plans have already taken place and your will hasn’t even been read until afterwards.
To avoid confusion, it’s advisable to discuss funeral wishes with close family members or leave them in an independent document such as a letter of wishes. Doing this ensures your loved ones know exactly how you would like your final arrangements handled without solely relying on your will as documentation of preferences.
Example to Avoid: I would like my ashes scattered at sea after they are cremated.
3. Gifting Your Pet
Most families consider their pets part of the family; however, it’s important to remember that pets are legally considered property and therefore can never inherit anything directly. You cannot leave money or assets directly to your pet in a will – instead you should choose someone trustworthy who will look after him/her and leave funds towards covering care costs for him/her.
As another way of providing for their continued well-being after death, leaving money specifically designated towards pet care programs would also be an option in your will.
Example to Avoid: I left £5,000 for Fluffy, my cat.
4. Jointly Held Assets
If you own assets jointly with someone, such as real estate or bank accounts, these should not be included in your will. Usually, they pass automatically under survivorship law regardless of what your will states.
Assuming you and your spouse own your home as joint tenants, its entirety will pass to your surviving partner upon your death without being subject to probate proceedings or being included as part of your will. Doing this would save time and unnecessary complications that come from including assets held jointly as part of one will.
Example to avoid: I plan to give my share of the family home to my son as my legacy.
5. Life and Pension Benefits
Life insurance and pension policies often feature beneficiary designations that direct funds directly to whomever is listed as their beneficiary, bypassing wills and probate processes and thus negating the need to include these assets as beneficiaries of your will.
Integrating life insurance or pension plans into your will could result in conflicting instructions among heirs, leading to legal battles among them. Therefore, it’s imperative that beneficiaries are updated directly with providers.
Example to Avoid: I intend to leave my life insurance policy to my wife.
6. Assets You Don’t Own Outright
It is vitally important that any property included in your will is one that you own outright. Items like cars leased out for use on hire purchase contracts, goods bought with hire purchase contracts or properties still subject to mortgage cannot be left as legacies until their dues have been fully settled by beneficiaries.
If there are outstanding loans or credit agreements on any assets you own, such as vehicles and real estate loans, this should likely be returned when your death occurs; leaving these items in your will could create further confusion for executors and beneficiaries alike.
Example to Avoid: I gave my car to my grandson as part of his inheritance.
7. Deliberate Wishes
Your will isn’t the place for personal requests such as asking family members to settle their differences amicably or offering opinions about individuals; moreover, wills become public records after probate so anyone may read them.
If you have wishes that are important to you and you want them passed along privately or directly, it may be better if these wishes were communicated directly via a letter of wishes or discussions among family members so as to reduce emotional strain or embarrassment for everyone involved.
Example to avoid: My son and daughter should reconcile and become friends again.
8. Explanations of Exclusions
When making decisions to exclude someone from your will, it may not be wise to offer explanations in your will itself as doing so may open yourself up to legal challenges and disputes after death, especially from individuals feeling unfairly treated by you. This practice could pave the way for litigation challenges after your death as people feel unfairly treated by their exclusion.
If you want to provide reasons for an exclusion in writing, do so through an anonymous letter that remains private. However, before doing this it would be prudent to speak to a solicitor as certain individuals still might have legal grounds against you that can challenge their wills.
Example to Avoid: I will leave nothing for my son because of their repeated disappointment in me.
9. Transferring Business Interests without an Estate Plan
Transferring your business interests through your will can be complicated. Incorporation agreements or partnership rules often supersede what might otherwise be said of in your will; for instance if you own shares in a corporation the shareholders agreement could determine how your shares should be divided up and distributed.
Cooperate with your solicitor to devise a business succession plan in order to facilitate an orderly transfer. This document should outline who takes over your role, as well as the distribution of assets within your business.
Example to Avoid: I transferred my shares of the family business directly to my daughter without consulting with the other shareholders first.
FAQs about What Not to Put in My Will
1. Can I leave money or property to my pet through my will?
Unfortunately no – pets cannot inherit money or property directly – however by designating an individual you trust as caretaker of their care after your passing they could provide for any necessary costs incurred after that point in time.
2. Should My Funeral Wishes Be Included in My Will?
While funeral preferences could be noted in your will, this is generally discouraged as the document might only be read after the funeral service. Instead, share them with family directly so they are respected at once.
3. Can I put conditions on the inheritance I leave my children?
Although conditional gifts are possible, doing so usually is not advised as this could create unnecessary delays and disputes with beneficiaries receiving funds only when certain criteria have been fulfilled. An alternative solution could be creating a trust that releases funds when certain conditions have been fulfilled.
4. Do I have to include life insurance or pension plans in my will?
Typically, these types of benefits have their own beneficiary designations that don’t need to be included as part of your will.
5. What will happen if I include jointly owned assets in my will?
Inclusion of jointly held assets could create confusion as they typically pass directly to their surviving owner. To prevent any such complications, it’s wiser not to include these in your will.
Conclusion
Estate planning begins with creating a will, yet understanding what not to include can be just as essential. Avoiding common missteps such as adding conditional gifts, funeral plans or jointly owned assets will ensure your will is valid, clear and enforceable.
Make sure to seek professional guidance when creating a will, to ensure it accurately represents your wishes and is compliant with UK law. By avoiding potential pitfalls discussed herein, you can protect the people closest to you after you pass away and give them peace of mind afterward.