In fact, knowing what NOT to put in your Will is just as crucial as knowing what to include. By being aware of problematic provisions, you can create an effective Will that withstands legal scrutiny and smoothly achieves your intentions.
Some things simply are not appropriate for inclusion in a UK Will, or they may have unintended consequences.
Read on to discover all the things that you should NEVER put in your Will!
1. Never Put in Will Conditional Gifts
The first thing on the list of provisions you should NEVER put in your Will is conditional gifts. This is where you make a gift dependant on a beneficiary fulfilling some requirement you impose after your death in order to receive their inheritance.
Example: Conditional Gifts
You may state that your nephew only receives his share if he graduates from university or marries before a certain age. The problem is that once you pass away, there is no way to enforce these types of conditions. Legally, conditional gifts may be deemed void or otherwise fail.
Instead, it is better to make an unconditional gift or use a living trust if you wish to attach strings for incentivising behaviours while you are still alive and able to oversee it.
2. Forgiveness of Debts is Problematic to Include in a Will
Another problematic inclusion in a Will is attempting to forgive debts legally owed to you through a statement in your Will.
Any legitimate outstanding loans, settlement agreements, or court judgments in your favour cannot simply be washed away after you die by declaring them forgiven in your Will.
Your estate is entitled to collect any valid debts owed. So trying to cancel these debts will not be binding.
Therefore forgiveness of debts is something you should NEVER put in your Will.
Read more: How Much Does It Cost to Make a Will?
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3. Don't Include Inappropriate Property
Only property that you fully own in your own name can be distributed through your Will. Do not attempt to gift property that is not actually part of your estate. This could lead to disputes or confusion for your executor. Believe it or not, this mistake is more common than you think!
For Example
Listing gifts for your spouse or children that involve assets owned by a business you have stake in could create problems. Share property owned jointly with others cannot pass via your will alone either. Keeping the Will focused strictly on assets completely your own avoids any unnecessary issues.
Read more about Joint will
4. Appointment of Executor Not Agreed upon
Another detail you should never put in Your Will is naming someone as an executor without confirming with them first that they agree to take on this responsibility. Settling an estate can involve significant time, work and dealings with various agencies, which not everyone will have the time, desire, or ability to do.
Being appointed without consent could upset plans and lead to the person refusing the executorship. This complicates matters greatly. Always gain an executor's permission and keep them apprised of your intentions so they are prepared to serve when the time comes.
Read more: Can an Executor of a Will be a Beneficiary?
5. Never Put in Will: Illegal or Unethical Requests
It should go without saying that using a Will for unethical or illegal purposes could render all or part of the will invalid and open up legal liability for your estate. For example:
- Requesting that your property be destroyed upon death could run afoul of public policy and waste laws
- Making gifts contingent on criminal or antisocial activities would clearly be unlawful
- Language that encourages harm or discrimination against others should of course be avoided altogether.
Illegal or unethical requests are therefore something you should NEVER put in your Will. Stick to lawful distribution wishes to avoid your estate getting tied up fighting legal challenges against inappropriate Will provisions.
6. Don't Include in Your Will: Vague Beneficiary Descriptions
Vague beneficiary descriptions are also something you should NEVER put in your Will. Failure to clearly identify your intended beneficiaries creates ambiguity that can lead to disputes and headaches for your executor trying to determine rightful inheritance recipients.
Always use full legal names, contact details, addresses and identify the nature of relationships. An unclear reference like "to my friend John" could apply to several people causing confusion unless adequately detailed. Remove any doubt through clear descriptions.
⚠️ By not including the above provisions in your Will you can create a valid legal document that seamlessly achieves your estate planning goals. While a Will does afford you significant control, be mindful of the legal and practical limits.
💡 With proper planning, your thoughtfully crafted Will can ensure your property is handled as intended, your final wishes are honoured, and your loved ones are provided for after you are gone.
Now that we’ve considered what you should NEVER put in your Will, let’s turn to what you SHOULD put in it!
Checklist of What You Need to INCLUDE in Your Will:
✅ Personal Information: Include your full legal name, address, and date of birth.
✅ Executor Appointment: Choose an executor (or executors) to administer your estate. Specify a substitute or replacement executor in case the primary executor is unable or unwilling to act.
✅ Guardianship for Minors: If you have children under 18, appoint a guardian to care for them in case both parents pass away.
✅ Asset Inventory: List all your assets, including property, bank accounts, investments, and personal belongings.
✅ Debts and Liabilities: Specify how your debts and liabilities should be settled from your estate.
✅ Specific Gifts: Clearly outline any specific gifts to individuals or charities.
✅ Residuary Estate Distribution: State how the remainder of your estate should be distributed among beneficiaries.
✅ Funeral and Burial Wishes: Express your preferences regarding your funeral arrangements and burial or cremation.
✅ Revocation Clause: Include a clause revoking any previous Wills and codicils.
✅ Witnesses: Ensure the Will is signed in the presence of two witnesses who are not beneficiaries.
✅ Signing and Dating: Sign and date the Will in the presence of witnesses.
💡 Remember to safely store the original Will, and inform your executor or a trusted person of its location. Also, do note that this checklist provides a general overview, and it's crucial to tailor your Will to your specific circumstances.
Checklist: What to NEVER Put in Your Will
❌ Conditional gifts - Gifts in a Will should not be made conditional on something happening after death, as there's no way to enforce it.
❌ Forgiveness of debts - Debts legally owed to you can't be forgiven in a Will, your estate needs to collect this.
❌ Property outside the estate - Only include property legally owned by you. The Will should focus solely on clearly specifying distribution of assets actually owned by you upon death.
❌ Appointment of executor not agreed upon - Name executors only after confirming they agree to taking on the role in order to avoid complications later.
❌ Illegal requests - Requests contrary to public policy like destroying property or gifts for illegal activities. Including conditions in your Will that encourage or reward illegal acts is not only unenforceable but also against the law.
❌ Vague descriptions of beneficiaries - Use full legal names and details to avoid confusion and disputes.
💡 Be cautious with free will templates found on the internet, as they often provide a basic outline and might not fully accommodate your specific wishes.
A Valid Will Brings Peace of Mind
Writing a Will can be a daunting experience. Being aware of what NEVER to include in your Will is as crucial as understanding what should be included to ensure it complies with legal requirements and effectively communicates your intentions.
Regular reviews and updates to your Will can help align it with changes in your circumstances or preferences, providing peace of mind for you and your loved ones.