Common Mistakes: What You Should Never Put in Your Will in the UK

Not Updating Your Will Regularly

One common mistake that people make when creating their wills is failing to update them regularly. Circumstances change over time, such as marriage, divorce, or the birth of a child, which may require modifications to your will. Failing to update your will can result in assets being distributed in a way that is not aligned with your current intentions.

It is recommended to review your will at least once every five years or whenever a significant life event occurs.

By regularly updating your will, you can ensure that it accurately reflects your current wishes and avoids any potential conflicts or disputes. It is important to consult with a professional, such as a solicitor or a will-writing service, to ensure that the updates are legally valid and properly executed.

Neglecting to Include Specific Bequests or Instructions

Another common mistake in drafting a will, especially when considering "what you should never put in your will UK," is the lack of clarity and specificity regarding your beneficiaries.

Vague or ambiguous language can lead to confusion and potential disputes among your loved ones. It is critical to clearly state the full names and relationships of your beneficiaries to avoid any misunderstandings.

When specifying bequests in your Will, it's crucial to provide detailed instructions to ensure that your wishes are carried out exactly as intended. For instance, instead of a general statement like "I leave my car to my son," a more precise approach would be to include the make, model, and registration number of the car.

This level of detail is important to avoid confusion and is a key aspect of what to consider in terms of what you should never put in your will in the UK.

By being specific in your instructions, you can minimise the potential for disagreements among your beneficiaries and ensure a smoother execution of your will.

Failing to Appoint an Executor or Guardian

Many people forget to appoint an executor or guardian in their Wills. An executor has the duty to manage your estate and make certain that your final wishes are executed properly.

Without an appointed executor, the court will appoint someone on your behalf, which may not align with your preferences.

If you have minor children, it is essential to designate a guardian who will be responsible for their care in the event of your death. Failing to appoint a guardian can leave the decision in the hands of the court, potentially causing distress and uncertainty for your children.

Not Considering Inheritance Tax Implications

Inheritance tax is an important consideration when creating a will. Failing to take into account the potential tax implications can result in your beneficiaries receiving less than you intended. It is important to seek professional advice to understand the inheritance tax thresholds and any available exemptions or reliefs.

By planning ahead and considering the tax implications, you can make informed decisions about how to structure your will tax-efficiently. This may involve utilising strategies such as lifetime gifts, trusts, or charitable donations to minimise the tax burden on your estate.

Overlooking Digital Assets and Online Accounts

In today's digital age, it is essential to include instructions on handling your online accounts, social media profiles, and digital files. Failure to address these assets in your will can lead to difficulties for your loved ones in accessing or managing them.

Consider making a list of your online accounts, including usernames and passwords, and provide instructions on what should happen to them. You may want to specify whether you want your accounts to be deleted, memorialised, or transferred to a designated individual.

Not Properly Signing and Witnessing Your Will

Why Having a Will is Important

Having a will is crucial for several reasons. First and foremost, it allows you to control how your assets and possessions are distributed after your passing. Without a will, the laws of intestacy will dictate how your estate is divided, and this may not align with your intentions.

A will also enable you to appoint an executor responsible for carrying out your wishes and managing your estate. This person will ensure that your assets are distributed correctly and that any debts or taxes are paid.

Furthermore, a Will allows you to appoint a guardian for any minor children you may have. This ensures that their well-being and care are entrusted to someone you trust.

Relying Solely on a DIY Will Kit

DIY will kits generally offer standard templates that may not account for complex family dynamics, such as blended families or situations involving estranged relatives.

They may also fall short in properly handling different types of assets, especially if you have overseas property, a business, or significant digital assets.

Furthermore, legal nuances, such as the requirements for a valid will, can vary considerably.

A DIY kit might not provide guidance on these legalities, increasing the risk of your will being contested or deemed invalid. For example, the witnessing process and the inclusion of certain clauses must adhere to legal standards that DIY kits may not fully explain.

When drafting a will in the UK, a key aspect to consider under "what you should never put in your will UK" is avoiding illegal or impossible requests. Including such directives can lead to legal challenges and invalidate parts of your Will.

Illegal requests are those that contradict UK laws. For example, you cannot include assets you don't legally own or instruct executors to perform illegal activities. 

These provisions are not enforceable and could lead to legal complications for your beneficiaries and executors.

Impossible requests refer to directives that are unfeasible or too vague. This might include bequeathing assets to an organisation that no longer exists or asking for actions at an unspecified time. Such requests can cause delays in estate administration and lead to disputes among beneficiaries.

Ensuring that every directive in your Will is legally sound and practically achievable is crucial. This avoids unnecessary complications and helps in the smooth execution of your Will. 

Consulting a legal professional is advisable to ensure that your Will complies with UK law and communicates your intentions without including unenforceable provisions.

Conclusion: Seek Professional Advice for Creating a Valid and Comprehensive Will

Creating a will is a crucial task that deserves careful attention and expert guidance. By steering clear of common pitfalls and seeking professional assistance when needed, you can make certain that your will accurately conveys your desires and safeguards the interests of your loved ones.

It's vital to regularly update your will to reflect changes in your life, such as marriage, divorce, or the birth of a child. Clarity and specificity about your beneficiaries are key to preventing misunderstandings. Also, don't overlook the importance of nominating an executor and guardian, especially if you have minor children. Consider the implications of inheritance tax, and remember to include clear directions for your digital assets. Lastly, proper signing and witnessing of your will are essential to confirm its validity.

At The Norwich Will Writing Co. we understand the nuances and complexities of will writing. Our team is dedicated to providing personalised and legally sound advice. Whether you're in Norfolk, Suffolk, Essex, Nottingham, Derby, or elsewhere in England and Wales, our comprehensive services are just a call or video chat away. 

For home visits in specified regions or consultations via phone or video call across England and Wales, reach out to us at 01603 512246 or use our contact form.

Trust us to guide you through this critical process, ensuring your peace of mind and the secure future of your loved ones.

If you found this article helpful why not check out When and How Often Should I Renew My Will? or How Much Does a Will Cost in the UK?