A will is a legally binding document that sets out what should happen to your assets, property, and possessions after you die. It ensures that your estate is distributed according to your wishes, protects your loved ones, and helps avoid unnecessary legal complications or family fallouts.

Writing a will involves:

• Listing your assets (property, savings, pensions, possessions)

• Deciding who gets what (beneficiaries)

• Naming executors — the people who will carry out your wishes

• Considering guardianship if you have children under 18

• Making specific gifts or donations (e.g. to charity)

• Getting it signed and witnessed properly

You can write a will yourself, but unless your situation is very straightforward, it’s highly recommended to use a solicitor or professional will writer — especially if you have a house, dependants, or multiple beneficiaries.

What You Should Never Put in Your Will

Even though your will is personal, not everything belongs in it. Including the wrong things can cause confusion, legal challenges, or invalidate parts of your will.

1. Funeral Wishes

Wills are often read after the funeral has already taken place. If you have specific wishes for burial, cremation, or funeral style, write them in a separate letter of wishes and tell your family in advance.

2. Lump Sums to Vulnerable People

Leaving large amounts to someone who lacks mental capacity or is receiving means-tested benefits could cause serious problems — including loss of their benefits or financial abuse by others.

Instead, consider setting up a discretionary trust for that person’s benefit, managed by trusted individuals (trustees), so their needs are looked after long-term.

3. Gifts to Pets

Pets can’t legally inherit money or property. Leaving “£5,000 to my dog” sounds lovely, but it has no legal weight.

Do this instead: Leave the money to a person or animal charity, with clear instructions that it’s to be used for the care of your pet.

4. Digital Logins, Passwords or PINs

These are a security risk and should never be included in a will, which becomes a public document once probate is granted. Keep this information in a separate, secure document (like a digital legacy file) and tell your executors where to find it.

5. Items You Don’t Own Outright

You can’t leave things that aren’t legally yours. For example, joint assets like joint bank accounts or joint tenancy property automatically pass to the surviving owner — not via your will.

6. Illegally Binding Conditions

Wishes like “my daughter can only inherit if she marries someone I approve of” aren’t enforceable and may be challenged. While you can express preferences in a letter of wishes, a will should stick to legal facts, not morality clauses.

Things to Consider When Writing Your Will

Use a Solicitor

A solicitor will ensure your will is legally valid, tax-efficient, and clear. DIY wills often lead to mistakes that invalidate the whole thing or cause family disputes.

Choose the Right Executors

An executor is the person (or people) responsible for managing your estate after death. Choose someone trustworthy, organised, and ideally not too emotionally involved. You can appoint a solicitor, friend, or family member — or a combination.

Keep It Updated

Life changes. You should review your will every few years, or after big events like marriage, divorce, the birth of children or grandchildren, or buying property. Outdated wills cause confusion and often don’t reflect your current wishes.

Real-Life Scenarios That Could Go Wrong

1. You leave everything to your spouse… they remarry

If your spouse inherits everything and later remarries, their new spouse may be entitled to half their estate, including what was once yours. When your spouse dies, your assets could end up with their new partner’s children, not your own.

2. You leave a lump sum to a vulnerable adult child

That inheritance could cause them to lose disability benefits, be taken advantage of, or mismanage it. A trust would’ve protected them better.

3. You assume your family knows what you wanted

You leave vague instructions like “split equally among my children” — but one child received a large gift during your life and the others expect their ‘fair share’. This leads to arguments, legal disputes, and resentment.

4. You divorce but don’t update your will

In England and Wales, divorce removes your ex-spouse from your will, but separation does not. If you're not legally divorced, they could still inherit.

5. You don’t name guardians for your children

Without clear instructions, the courts will decide who raises your children — possibly someone you wouldn’t have chosen.

6. You forget about foreign property

Foreign homes or assets often aren’t covered properly in UK wills and may be subject to local inheritance laws. This can leave your family tied up in red tape or paying unexpected tax.

The Importance of a Proper Will

Writing a will isn’t just about dividing your belongings — it’s about protecting your loved ones and ensuring your legacy goes where you want it to. With so many pitfalls and real-world complications, the guidance of a specialist solicitor is essential.

A properly written, up-to-date will can prevent family fallouts, legal disputes, and financial chaos. Don’t leave it to chance — and definitely don’t leave it too late.