What You Should Never Put In Your Will UK
Are you new to making a will? Then it is absolutely important for you to know what you should never put in your will UK.
Writing a will is one of the most important things you can do to ensure your assets are distributed in accordance with your wishes, but there are certain items or instructions that can lead to complications and legal issues.
In this comprehensive guide, we’ll go over everything you need to know about writing a will in the UK.
We’ll cover what you should and shouldn’t include in your will to protect your estate’s integrity and make the probate process easier.
Whether you’re a first-time testator or updating an existing will, knowing these key points is essential for successful estate planning.
Let’s get into the nitty-gritty.
What You Should Never Put In Your Will UK: 7 Things To Avoid
When preparing for death, having a will can reduce the stress on family members. If you pass away without a will, the law will determine who will inherit your estate.
After probate, a will becomes a public record, so take note of negative remarks about excluded family members.
Here is what you should never put in your will UK:
1. Funeral Wishes And/Or Arrangements
It’s not a good idea to include your funeral arrangements and wishes in your will. The probate court process can take a long time, and your will might not be accessible right away.
Talk to your family about your funeral needs and wishes before you leave a will.
Funeral expenses are another thing to think about. It’s important to make sure you have enough money to cover your funeral expenses.
You can do this by using a prepaid funeral plan or setting up a savings account.
2. Bank Accounts And/Or Jointly Owned Properties
Jointly owned properties are one of the big no-nos when considering what you should never put in your will UK.
Bank accounts and other jointly held assets should not be included in your will.
The surviving spouse, joint tenant, and account holder will inherit the property held jointly as joint tenants.
Including them in your will is at your own risk.
Bank accounts and savings accounts held jointly and with designated beneficiaries are exempt from probate as well.
Therefore, including them in a will is not necessary.
3. Life Insurance Policies And/Or Pension Benefits
Pension benefits aren’t included in your estate. They’re paid directly to your beneficiaries. Include them at your own risk.
You don’t need to include life insurance in your will. Your life insurance payouts are exempt from probate and paid directly to your designated beneficiaries.
4. Succession Planning And/Or Business Interests
If you have business interests, it may not be appropriate for you to include detailed instructions in your will about how you will manage the company in the future.
If this is the case, you should seek professional advice and set up a trust fund, or a separate business succession planning document.
You also need to consider the impact your death will have on the business and your employees.
Planning can help ensure a smooth transition and protect the value of your business.
5. Hire Purchase Agreements And Leased Vehicles
Want a will with the leased vehicles and hire purchase assets?
You must be aware of what you should never put in your will UK.
Leased Vehicles and Hire Purchase Assets, such as Finance Furniture and Leased Cars, should be excluded from your will.
These items remain the property of the leasing company or the financier until the financing agreement is fully paid.
You will need more authority to leave these assets to your heirs.
Make sure your family and friends are aware of any remaining financial commitments or leased property so that there is no confusion or complications after your death.
6. Conditional Gifts
Adding conditions to a will can make it difficult to administer the estate, particularly if those conditions are considered unreasonable or not enforceable.
It’s best to avoid creating overly complicated or restrictive conditions to avoid conflicts and ensure your wishes are reflected in how your gifts are distributed.
Talking to your beneficiaries about your wishes can help avoid misunderstandings and ensure that your wishes will be respected.
By knowing what categories of property and assets are included in a will, and what are not, you can craft a valid and comprehensive legal document that will distribute your estate to your intended beneficiaries.
However, it’s always wise to seek professional help when writing a will to ensure it meets all legal requirements.
7. Gifts To Your Pets
Another thing you don’t want to include in your will if you are looking for what you should never put in your will UK are gifts for your pet. Under the law, you can’t pass on assets to your pet.
You may want to set up a plan for caring for your pet after you pass away, either with a trusted person or a professional who does this on a fee-per-pet basis. You might also want to consider donating to an animal charity.
Things To Consider That Might Invalidate Your Will
If you are not unaware of the fact, let us tell you that your will can get invalidated in a number of ways even if you abide by what you should never put in your will UK.
Invalidated will leads to recreating the will which will cost you both time and money simultaneously.
To avoid invalidating your will, it’s important to understand what makes your will invalid. Your will may be invalid if:
- You were not in a sound mind when you made the will.
- You drafted the will as a result of undue influence from an outside party.
- There were no two independent witnesses to the will.
- Another witness to the will was a person named in the will as a beneficiary.
- You move to another country and write a new will in that country.
- Not including all of your assets in your will.
- Not including directives in your will.
- Not abiding by your state’s will provisions.
- Your will is not updated with the new legal rights.
- Keeping the previous wills and/or drafts undestroyed.
- Insufficient capability of the testators.
- Creating your will without the presence of any witness.
- Creating a will that is holographic or handwritten.
- Your will raises fraudulent suspicion.
Related Content: What Type Of Legal System is Used in The UK?
Bottom Line
In crafting your will in the UK, it’s crucial to know what you should never put in your will UK. Avoiding certain elements ensures your wishes are clear and legally sound. Never include ambiguous language, emotional stipulations, or conditions impossible to fulfill.
Additionally, steer clear of assets held jointly or those covered by separate arrangements like pensions or life insurance policies. Remember, a will is a legal document, so refrain from expressing personal vendettas or controversial requests.
By understanding what not to include, you safeguard your estate and honor your intentions. Explore the dos and don’ts of will drafting to ensure your legacy is preserved with clarity and integrity.
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