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what you should never put in your will uk

You should never put anything in a UK will that is unclear, unenforceable, or that is legally dealt with in some other way, because it can cause delays, disputes, or even invalidate parts of your will. Below is a practical, UK‑focused guide.

Key things you should never put in your will (UK)

1. Jointly held assets

These usually pass automatically to the surviving joint owner and do not follow your will.

  • Joint bank accounts held as joint tenants normally go straight to the surviving account holder by “right of survivorship”.
  • A home owned as joint tenants (not tenants in common) will normally pass directly to the other owner, regardless of what your will says.
  • Including these in your will is pointless and can confuse executors and family.

2. Assets you do not fully own

You can only give away what is legally yours.

  • Leased cars, rented items, or goods on hire purchase/credit (e.g. car on PCP, TV bought on finance) remain the finance company’s property until fully paid; they should not be left as gifts.
  • Business interests may be restricted by partnership or shareholder agreements, so you may not be free to gift them however you wish in your will.

Example: Leaving “my leased BMW to my brother” is ineffective, because you don’t own the car; the leasing company does until the agreement ends.

3. Pension plans and life insurance policies

These usually follow their own beneficiary nominations, not your will.

  • Most pensions and life insurance policies are paid directly to the named beneficiary on the policy or via a trustee/discretionary arrangement.
  • If you also name different people for the same funds in your will, you can create conflict, delay, and possible disputes.
  • The right place to change these is normally the provider’s nomination or expression‑of‑wish form, not your will.

4. Over‑complicated or unenforceable conditions

Conditions that are vague, discriminatory, or against public policy can be ignored or cause parts of your will to fail.

  • Clauses that try to control someone’s private life (e.g. “my son only inherits if he divorces his spouse”) may be unenforceable and can trigger disputes.
  • Discriminatory conditions (e.g. on race, religion, or marriage choices) risk being struck out and may encourage relatives to challenge the will.
  • Very vague conditions (“if my daughter lives a good life”) are practically impossible to judge and invite arguments between family members.

A cleaner approach is to use simple, objective conditions or, for more control, a trust drafted by a professional.

5. Detailed funeral instructions

Funeral wishes belong somewhere more accessible and flexible than your will.

  • Wills are often read after the funeral, so detailed instructions can arrive too late.
  • In law, executors technically control the funeral, and written wishes in a will are not legally binding – they are guidance only.
  • Burial vs cremation, music, flowers and similar details are usually better placed in a separate letter of wishes and discussed with family while you’re alive.

Many UK firms now suggest a short, non‑binding line in the will at most, plus a separate, up‑to‑date note with detailed preferences.

6. Gifts to pets in their own name

Pets cannot inherit under UK law.

  • Animals are legally treated as property, so they cannot hold money or assets directly.
  • Instead, you usually:
    • Leave your pet to a trusted person, and
    • Leave that person money with an expression of wish to use it for the pet’s care, or
    • Set up a simple pet trust where suitable.

Example: Rather than “£5,000 to my dog Luna”, you might leave “Luna to my sister, plus £5,000 to help with Luna’s care”.

7. Sensitive security or financial details

Your will may become a public document after probate, so never include confidential access information.

  • Do not list bank account numbers, sort codes, PINs, passwords, crypto keys, or safe combinations.
  • Once probate is granted, anyone can potentially view the will, so sensitive data in it risks fraud or misuse.
  • Instead, keep a separate, secure record of access details (e.g. password manager, sealed letter in a safe place) and tell executors where to find it.

8. Ambiguous descriptions or unclear gifts

Vagueness is one of the biggest causes of family disputes.

  • Phrases like “my favourite ring” or “my jewellery to be split fairly” are unclear – different beneficiaries may interpret them differently.
  • Failing to name full legal names, addresses, or relationships (e.g. “to John” where there are multiple Johns) can lead to challenges or parts of the will failing.
  • It is usually better to clearly identify items and people, or use a properly referenced personal possessions memorandum.

9. Out‑of‑date or duplicate instructions

Contradictions between your will and other documents can create real problems.

  • DIY will kits or old template wills sometimes conflict with later changes to your assets, relationships, or beneficiary nominations.
  • Having multiple wills in different places (for different countries or assets) without proper coordination can create confusion over which one is valid.
  • Regular reviews – typically every few years or after major life events (marriage, divorce, new children, big inheritance, buying property) – reduce this risk.

Simple HTML table of things to avoid

html

<table>
  <thead>
    <tr>
      <th>What you should never put in your will (UK)</th>
      <th>Why it’s a problem</th>
      <th>Better approach</th>
    </tr>
  </thead>
  <tbody>
    <tr>
      <td>Jointly held assets (joint bank accounts, home as joint tenants)</td>
      <td>They pass automatically to the surviving joint owner and ignore will instructions, causing confusion if you also mention them in your will. [web:1][web:3][web:5][web:7][web:9]</td>
      <td>Confirm how the asset is owned and rely on survivorship rules or get advice on changing ownership (e.g. to tenants in common) if you want your share to pass under your will. [web:3][web:7][web:9]</td>
    </tr>
    <tr>
      <td>Assets you don’t own outright (leased car, goods on finance)</td>
      <td>You cannot legally gift what belongs to a finance or leasing company, so the gift may fail and cause disputes or delays. [web:1][web:3][web:5][web:7]</td>
      <td>Explain your intentions in a side letter and let your executors settle or continue agreements; only gift assets you fully own. [web:5][web:7]</td>
    </tr>
    <tr>
      <td>Pensions and life insurance policies with named beneficiaries</td>
      <td>They usually bypass the will and go straight to the nominated beneficiary, so conflicting instructions in the will cause confusion and disputes. [web:3][web:5][web:9]</td>
      <td>Update the nomination or expression-of-wish forms with the provider instead of relying on the will. [web:3][web:5]</td>
    </tr>
    <tr>
      <td>Complex or unenforceable conditions on gifts</td>
      <td>Vague, discriminatory or intrusive conditions may be struck out or spark legal challenges between beneficiaries. [web:4][web:9][web:10]</td>
      <td>Keep conditions clear and practical, or use a trust drafted by a professional if you need strong control. [web:4][web:6][web:10]</td>
    </tr>
    <tr>
      <td>Detailed funeral instructions</td>
      <td>The will may not be read until after the funeral, and such clauses are not legally binding, so your wishes may be missed. [web:9]</td>
      <td>Put funeral wishes in a separate letter, pre‑plan with a funeral provider, and talk to family and executors in advance. [web:8][web:9]</td>
    </tr>
    <tr>
      <td>Gifts directly to pets</td>
      <td>Pets cannot legally inherit, so the gift fails and may leave their care uncertain. [web:7][web:9]</td>
      <td>Leave your pet to a trusted carer and give that person money with guidance, or set up a simple pet trust. [web:7][web:9]</td>
    </tr>
    <tr>
      <td>Passwords, PINs, and confidential access details</td>
      <td>Wills can become public after probate, so including sensitive data risks fraud or identity theft. [web:4][web:6]</td>
      <td>Store access details securely elsewhere (e.g. password manager, sealed note) and tell executors where to find them. [web:4][web:6]</td>
    </tr>
    <tr>
      <td>Ambiguous descriptions and unclear beneficiaries</td>
      <td>Vague wording leads to arguments over what was meant and can result in parts of the will being challenged. [web:4][web:7][web:10]</td>
      <td>Use precise descriptions, full names and clear shares, or attach a properly referenced personal items list. [web:4][web:7]</td>
    </tr>
    <tr>
      <td>Out-of-date or conflicting instructions</td>
      <td>Old DIY wills or multiple overlapping wills can create uncertainty about which document controls your estate. [web:2][web:6]</td>
      <td>Review and update your will after major life events and seek advice for complex estates or international assets. [web:2][web:3][web:9]</td>
    </tr>
  </tbody>
</table>

A quick story‑style example

Imagine Alex, who owns a house as a joint tenant with their partner, has a car on finance, a workplace pension, and a life insurance policy.
In their will, Alex leaves “my half of the house to my brother, my financed car to my cousin, my pension to my friend, my life insurance to my parents, £10,000 to my dog, and passwords for all my accounts inside this will”.

When Alex dies:

  • The house passes entirely to the partner via survivorship, not to the brother, so that gift fails and upsets the family.
  • The car reverts to the finance company; the cousin gets nothing and is confused.
  • The pension and life insurance go to whoever Alex named on the provider forms, not to the friend or parents named in the will, so there is a clash between expectations and the law.
  • The dog cannot inherit, so the £10,000 has to be interpreted differently or falls into the residue of the estate.
  • Because passwords are written in a document that later becomes public, there is a risk of financial and identity fraud.

All of this could have been avoided with a clearer will, correctly updated nominations, and a simple side letter about pets and digital access.

Latest discussion trends and good practice (UK)

Recent UK articles and will‑writing firms increasingly highlight the same core themes:

  • Focus on clarity, simplicity, and only including assets that actually pass under your will.
  • Use proper beneficiary nominations for pensions and life insurance, and keep them in sync with your will.
  • Treat digital assets and online accounts separately, with secure access information, not inside the will.
  • Avoid relying only on generic DIY kits for complex situations (blended families, businesses, overseas assets) – these are hot topics in recent guidance and forum‑style content.

Meta description (SEO‑style)

A concise guide to what you should never put in your will UK – from jointly held assets and pensions to pets, passwords and funeral wishes – plus practical alternatives to keep your will clear and dispute‑free.

Bottom note: Information gathered from public forums or data available on the internet and portrayed here.