Drafting a will is a crucial step in ensuring that your assets are distributed according to your wishes after you pass away.
However, understanding what to include and, more importantly, what to exclude from your will is vital to avoid complications.
In the UK, certain elements, if included, can lead to an invalid will or create disputes among beneficiaries.
Let’s delve into what you should never put in your will in the UK to ensure your last wishes are respected.
Understanding What Makes a UK Will Invalid
Before discussing what should be left out of your will, it’s essential to understand the basics of what makes a UK will valid or invalid.
An invalid will can result from various factors, including improper witnessing, lack of mental capacity, or undue influence. Additionally, certain contents within the will can lead to its invalidation.
Improper Witnessing
For a will to be valid in the UK, it must be signed in the presence of two witnesses who are both over 18 and independent of the will.
The witnesses cannot be beneficiaries or spouses of beneficiaries. Failing to adhere to this requirement can render a will invalid.
Lack of Mental Capacity
The person making the will must have the mental capacity to understand the implications of their decisions.
If there are doubts about the mental capacity of the testator, the will can be contested and potentially invalidated.
Undue Influence
A will must be made voluntarily, without pressure or influence from others. If there’s evidence that someone has exerted undue influence over the testator, it could lead to the will being contested in court.
Things You Should Never Put in Your Will
Knowing what not to include in your will is just as important as knowing what to include. Here are some items that you should avoid.
Funeral Instructions
While it may seem logical to include funeral arrangements in your will, it is not recommended. Wills are often not read until after the funeral.
Instead, communicate your wishes to family members separately or include them in a letter of wishes.
Conditional Gifts
Avoid making gifts conditional on events or circumstances. For example, stating that a beneficiary will inherit only if they get married or graduate can lead to confusion and disputes.
Such conditions are often unenforceable and can complicate the administration of your will.
Jointly Owned Property
Property that is jointly owned with another person automatically passes to the surviving owner, regardless of what the will states.
Therefore, it is unnecessary and potentially confusing to include jointly owned property in your will.
Assets in Trust
If you have set up a asset trust during your lifetime, assets held within that trust do not form part of your estate and should not be included in your will.
Trust assets are managed according to the terms of the trust agreement.
Digital Assets and Passwords
Digital assets and online accounts should not be included in your will, as these details can become public.
Instead, keep a separate, secure record of your digital assets and passwords, which can be accessed by your executor when needed.
Gifts to Pets
In the UK, pets are legally considered property and cannot inherit. Instead of leaving assets to a pet, designate a caretaker for your pet and allocate funds for their care.
What to Avoid in a Will
To ensure that your will is clear and enforceable, avoid the following pitfalls.
Ambiguities and Unclear Language
Ambiguities in your will can lead to disputes and misinterpretations. Ensure that your will is written in clear, precise language. Specify beneficiaries and assets explicitly to avoid confusion.
Failure to Update the Will
Life changes, such as marriage, divorce, or the birth of a child, necessitate updates to your will. Failing to update your will to reflect these changes can result in unintended consequences.
Excluding Dependents
In the UK, dependents can make a claim against your estate if they are not adequately provided for. Ensure that dependents are considered in your will to prevent potential claims.
Not Naming an Executor
An executor is responsible for administering your estate.
Failing to name a reliable executor can lead to delays and complications in the distribution of your assets.
Choose someone trustworthy and capable of handling the responsibilities.
DIY Wills
While DIY will kits are available, they often lack the legal precision needed to ensure validity.
It’s advisable to consult with a legal professional to draft your will to ensure it meets all legal requirements.
Conclusion
Creating a will is a significant step in planning for the future and ensuring your wishes are honored.
By understanding what to avoid putting in your will, you can prevent potential issues and disputes among your loved ones.
Always seek legal advice when drafting your will to ensure its validity and that it reflects your intentions accurately.
Your will is your voice after you are gone, so make sure it speaks clearly.
In conclusion, take the time to understand the intricacies of will-making in the UK.
By avoiding these common pitfalls and keeping your will up to date, you can provide peace of mind for both yourself and your loved ones.
