Key Takeaways
- Knowing the 8 things not to put in your will helps prevent costly legal disputes and keeps your wishes enforceable under UK law.
- Never include jointly owned property or assets that pass outside your will, as these are governed separately.
- Avoid putting funeral instructions in your will—wills are read too late for these to be followed. Use a letter of wishes instead.
- Digital assets and online accounts require separate instructions; listing them in your will is often ineffective.
- Conditional or penal clauses may not be valid and can trigger legal challenges—seek guidance before adding them.
- Including business assets in your will without proper planning risks business continuity and may be ignored by company agreements.
- A badly drafted will can be deemed invalid, sparking family disputes and the risk of assets passing by intestacy.
- Our lawyer-drafted templates at Go-Legal AI include a UK-compliant will writing and review checklist to help you avoid classic errors.
- Go-Legal AI is rated Excellent on Trustpilot with over 170 five-star reviews from satisfied users.
Why What You Leave Out of Your UK Will Is Essential
Creating a will is one of the most important steps you can take to ensure your wishes are respected and your loved ones protected after you’re gone. Yet, many people fall into the trap of including items or clauses that either have no legal effect, cause delays, or inadvertently fuel disputes among those left behind.
Getting your will right is about more than stating who gets what. You must also avoid the common pitfalls that mean your gifts are invalid or your instructions ignored. Many people in the UK mistakenly add funeral instructions, business assets, or jointly owned property without understanding how UK law treats these assets.
Knowing what not to put in your will is crucial. With a robust checklist and practical guidance from Go-Legal AI, you can protect your family, preserve your intentions, and reduce the chance of probate headaches or disputes.
What Not to Put in Your Will UK: The Definitive 2024 Guide
In England & Wales, certain assets and instructions simply do not belong in your will. Including them—unintentionally or otherwise—risks confusion, disputes, or delays. Here’s why it matters: probate courts must interpret and enforce your will according to UK law. If your document includes unenforceable provisions or mentions assets that the will cannot govern, those parts are ignored. Worse, mistakes can unravel your entire estate plan, leaving family members facing delays, disappointment, and increased legal costs.
The 8 Things You Should Never Include in Your UK Will (With Practical Examples)
1. Jointly Owned Property
By law, assets owned as “joint tenants” pass automatically to the last surviving owner—regardless of anything written in your will. This is a common arrangement for marital homes and family bank accounts.
2. Funeral Instructions
Wills are often opened days or even weeks after the funeral, meaning key wishes—such as burial or cremation preferences—are discovered too late.
3. Digital Assets and Online Accounts
The transfer of digital assets—like email, social media, or crypto—is usually governed by platform-specific rules. Executors without passwords or access rights cannot legally manage these assets, even if stated in a will.
4. Assets That Pass Outside the Will
Assets such as most pensions, life insurance policies in trust, and “payable on death” accounts are governed by their own instructions. Listing them in your will will not override the official nomination or trust deed.
5. Business Assets Without the Right Planning
Shares, partnership interests, or other business assets can be covered by company constitutions, articles of association, or buy-back clauses that override your will. Leaving these in your will without careful planning risks invalid bequests and disrupts business continuity.
6. Ambiguous or Informal Wishes
Informal instructions—like “give my car to my friend Sarah”, “split my money between my children”, or verbal promises—leave too much room for doubt.
7. Illegal or Unenforceable Conditions
UK law does not allow conditional gifts that are discriminatory, contrary to public policy, or impossible to enforce—such as “only if my son never moves abroad” or “if my daughter changes religion”.
8. Assets You No Longer Own
Gifting something you’ve already sold or transferred creates confusion and may mislead beneficiaries, making the probate process longer and more complex.
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Smart Steps to Avoid Common Will Mistakes in the UK
Drafting or updating your will? Use this checklist for peace of mind:
- Review each asset: Confirm how it is owned and if you can gift it by will.
- Check all beneficiary details: Use full legal names and precise relationships.
- Leave out assets passing independently: Exclude joint assets (if joint tenants), pensions with nominated beneficiaries, and insurance policies in trust.
- Handle business and digital assets separately: Use letters of wishes, company documents, and platform policies.
- Draft clear, formal instructions: Avoid ambiguous gifts and verbal promises.
- Sign and witness properly: Your will must be signed in front of two independent witnesses (not beneficiaries) for legal validity.
- Store funeral wishes separately: Keep a letter of wishes for funeral and personal matters, and tell your executors where it is.
Legal Clauses and Checks Your Will Must Contain
| Clause/Check | What It Means | Why It Matters |
|---|---|---|
| Beneficiary List | States who gets what specifically | Stops disputes and ensures clarity |
| Executor Appointment | Names who will carry out your instructions | Avoids confusion and estate delays |
| Residuary Clause | Catches assets not otherwise listed | Prevents partial intestacy |
| Witnessing Requirements | Must be signed and witnessed correctly | Makes your will legally enforceable |
| Exclusion Clauses | Names anyone not inheriting | Helps ward off legal challenges |
| Guardianship Provision | Appoints guardians for under-18s | Ensures children’s care is secured |
Real-World Scenarios: How Small Errors Cause Big Headaches
Invalid will clauses or overlooked assets often trigger disputes, delays, and wasted inheritance. Consider these examples:
In another case, a property investor listed a jointly owned flat in their will, overlooking the automatic transfer by survivorship. The confusion led to a protracted probate dispute, increased legal fees and reduced the estate for all beneficiaries.
How to Review and Update Your UK Will: Step-by-Step
To make your will robust and compliant:
- Identify and remove ineligible gifts: Filter out assets you cannot validly gift.
- Verify beneficiary details: Ensure each recipient is properly named and identified.
- Extract informal wishes: Place these in non-binding letters of wishes, outside your will.
- Provide for complex assets separately: Draft suitable arrangements for business and digital assets.
- Cross-check using our AI-powered review: Let our platform catch errors before you finalise and sign.
How Our Platform Helps You Avoid UK Will Mistakes—Effortlessly
Our all-in-one legal tech solution gives you the tools to draft, check, and update your UK will with clarity and confidence:
- Lawyer-drafted digital templates for England & Wales, always updated for current law.
- AI-powered clause review to instantly flag unenforceable, high-risk, or outdated wording.
- Secure digital checklists for every asset, including business interests and digital accounts.
- Seamless guidance on special situations: second marriages, blended families, business succession, and more.
- Confidential support from UK legal experts—plus robust digital security for your documents and data.
Join hundreds of families and business owners who trust our platform to get their wills written right, first time—saving money, time, and potential disputes down the line.
Frequently Asked Questions
What happens if my UK will includes jointly owned property?
If you own property as joint tenants, your share passes straight to the surviving owner—your will gift is ignored. Only tenants in common can leave their share in a will.
Can I leave digital assets like Bitcoin or Instagram accounts in my will?
You can leave rights to digital assets, but access is governed by each provider. For cryptocurrencies, set up a secure access plan; never include passwords in your will.
Is it a good idea to include funeral instructions in my will?
No. By the time a will is read, the funeral may already have taken place. Use a separate letter of wishes and inform your executors.
How do I minimise disputes over my UK will?
Use precise legal language, name all beneficiaries clearly, and avoid leaving out or striking off family members without explanation. Regular reviews and a robust checklist prevent most disputes.
Should I mention my pension or life insurance in my will?
No—these usually pass by separate nomination. Including them in your will can cause confusion.
What errors could make my will invalid?
Common issues include incorrect witnessing, mistakes in beneficiary details, lack of capacity, and fraud or coercion.
Can I set special conditions on inheritance?
Lawful minimum age or education requirements are permissible, but unreasonable or discriminatory conditions are unenforceable.
If I start a new business, do I need to review my will?
Yes—business interests should be coordinated with your will and any shareholder agreements or company articles.
What’s the difference between a will and a letter of wishes?
A will is legally binding for asset distribution. A letter of wishes is informal guidance (e.g., for funeral wishes or sentimental items).
How often should I review or rewrite my will?
Review your will every 3–5 years or after major life events such as marriage, divorce, new children, or business changes.
Protect Your Legacy With a Compliant UK Will
Avoiding mistakes and exclusions in your will is vital for peace of mind and to ensure those you care about inherit smoothly. Omitting key errors—such as adding jointly owned property, ignoring digital accounts, or using vague clauses—minimises disputes, reduces probate delays, and protects your legacy. Using outdated templates or failing to follow UK legal standards can put everything at risk.
With our step-by-step templates and AI-powered review tools, you can check, update, or create your will—confident it meets all 2024 UK requirements. Make your estate plan bulletproof, avoid hidden hazards, and give your family clarity.
Start your will review, update, or creation with our expert-powered tools for total peace of mind—today.
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