What you should Never put in your will UK, discussion

What you should never put in your will UK

orangelegal
September 13, 2023

Ensuring proper handling of your assets and wishes after your passing is accomplished by taking the important step of creating a will. However, it’s equally important to know what you should never put in your will UK. Certain items or instructions may not be legally enforceable or can cause unnecessary complications for your loved ones. To avoid any potential issues, here are some things you should never include in your will :

Potential Issues

Communication of Funeral Wishes: Direct vs. Will

Funeral Wishes: While it’s common to express your funeral wishes in your will, keep in mind that executors often read wills after the funeral has taken place. Therefore, it’s advisable to communicate your funeral wishes to your loved ones directly or in a separate document.

Jointly Owned Property: If you own property jointly with another person, such as a spouse or business partner, you cannot leave your share of the property through your will. Jointly owned property automatically passes to the surviving owner.

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Assets Beyond the Will’s Reach

Certain Assets: Some assets, such as life insurance policies, pensions, and retirement accounts, have designated beneficiaries. These assets will directly transfer to the beneficiaries named in the policy or account, independent of your will’s governance. Make sure to review and update your beneficiary designations regularly.

Illegal or Immoral Instructions: It is crucial to remember that your will must comply with the law. Including instructions that are illegal or against public policy will render those instructions invalid. It’s always wise to consult with a legal professional to ensure your will adheres to legal requirements.

Legal Considerations and Practical Advice

Conditional Gifts: Conditional gifts in a will can create confusion and legal challenges. For example, leaving assets to a beneficiary on the condition that they divorce their spouse may be unenforceable. It’s generally best to avoid conditional gifts or seek legal advice if you have specific conditions you wish to include.

Funeral Expenses: While it’s understandable to want to allocate funds for your funeral expenses, it’s not advisable to include specific amounts in your will. Funeral expenses are typically paid from your estate before any distribution to beneficiaries.

Digital Assets: In the digital age, it’s important to consider your digital assets, such as online accounts, social media profiles, and cryptocurrencies. However, including detailed instructions for these assets in your will may not be practical, as access and ownership can be complex.