Writing a will feels like one of those grown-up milestones. You finally sit down, pen in hand (or laptop on the desk), and start listing everything: the house, the car, the savings, even who should get your beloved dog. It feels thorough. Responsible.
But here’s the harsh truth: your will isn’t a “cover everything” document. Stuff the wrong things into it, and you don’t leave clarity—you leave chaos. We’re talking probate delays, family rows worthy of EastEnders, and paperwork headaches that drag on for months.
The probate process in the UK already takes 6–12 months on average. That’s when things go smoothly. Add in mistakes, and you’ve just handed your loved ones a legal nightmare.
So, what exactly shouldn’t go into a will? Here are nine of the biggest traps—and what to do instead.
1. Joint Bank Accounts and Jointly-Owned Property
Here’s a common one: trying to pass on something you technically don’t control.
If you own property or a bank account as joint tenants, those assets automatically pass to the surviving co-owner when you die. It’s called the right of survivorship. Your will doesn’t get a vote.
So, if you write, “I leave my house to my daughter Emma,” but you own it jointly with your spouse, guess what? Emma gets nothing. Your spouse gets it, no matter what your will says. Cue confusion, awkwardness, and potential family drama.
What to do instead:
- Check whether your assets are held as joint tenants or tenants in common.
- If you want your share to pass to someone other than the co-owner, you may need to change the ownership structure before you die.
- A quick solicitor check could save your heirs months of wrangling.
2. Life Insurance Policies and Pension Plans
Many people try to list their life insurance or pension in their will. Big mistake.
Why? Because these already have beneficiary nominations. Whoever you put on those forms gets the payout—your will can’t override it.
So, if you once named your sister on your policy but never updated it after getting married? She’s cashing in, not your spouse.
What to do instead:
- Review beneficiary designations every few years, especially after big life events (marriage, divorce, kids).
- Contact providers directly to update forms.
- Consider writing policies “in trust” to skip probate and maybe reduce inheritance tax.
3. Funeral Wishes and Arrangements
Sounds sensible to include, right? Actually, it’s one of the worst places.
Why? Because funerals usually happen before wills are read. By the time your executor digs your will out, the service is done and dusted.
What to do instead:
- Write a separate funeral wishes letter.
- Keep it somewhere accessible (not locked in a solicitor’s safe).
- Tell family where it is, or give a copy to your funeral director.
4. Conditional or Controlling Gifts
“If my son divorces his wife, he gets £50,000.”
“If my daughter gives up acting and becomes a solicitor, she gets the flat.”
You can imagine how this plays out: legal fights, resentment, and maybe years in court. Some conditions are unenforceable anyway.
What to do instead:
- Use a trust instead of rigid conditions.
- Trustees can manage money flexibly while still respecting your concerns.
- Add a private letter explaining your wishes, without making them binding.
5. Digital Assets and Online Accounts
Don’t even think about listing your passwords in a will. Once probate hits, wills are public records. Anyone can pay a small fee and read them. Imagine your banking or crypto wallet details floating around. Disaster.
What to do instead:
- Create a separate, secure digital legacy document.
- List key accounts and instructions, but not passwords.
- Store it safely, and make sure your executor knows how to access it.
6. Business Interests Without Proper Planning
Businesses can’t afford to sit on pause while probate drags on. Yet many people think, “I’ll just mention my company shares in the will—job done.”
Wrong. Shareholder agreements, buy-sell contracts, or partnership rules usually trump your will anyway.
What to do instead:
- Coordinate your will with business succession planning.
- Review shareholder agreements and insurance setups.
- Decide whether you want the business sold, transferred, or continued—and document it separately.
7. Gifts to Pets
Sorry, but your cat can’t open a bank account. Leaving money directly to pets is legally meaningless.
What to do instead:
- Leave funds to a trusted person with instructions to use them for the pet’s care.
- Or set up a pet trust, especially for long-lived animals like parrots or tortoises.
- And crucially, make sure someone has actually agreed to take your pet.
8. Property You Don’t Actually Own
This one’s surprisingly common. People try to leave leased cars, rented flats, or items bought on finance. You can’t gift what isn’t yours.
Another pitfall? Leaving something you used to own but sold years ago—like, “my Jaguar goes to my nephew.” If you sold it, the gift fails (a concept called ademption).
What to do instead:
- Only include assets you actually own outright.
- Update your will whenever you buy or sell major items.
Anything That Needs Immediate Access
Your will is too slow for urgent stuff. Executors might not see it for weeks. If your family needs your passport location, house keys, or urgent bill info, they can’t wait months.
What to do instead:
- Create an “in case of emergency” file at home.
- Include things like key contacts, urgent bills, pet care notes, and document locations.
- Tell your family where it is.
What You Should Include in Your Will
After all the “don’ts,” here’s what actually belongs in a will:
- Clear instructions for distributing your estate assets
- Guardianship plans for minor children
- Naming an executor
- Division of personal possessions and savings
Final Takeaway
A will is powerful, but it isn’t a magic bucket for every detail of your life. Get it wrong, and your loved ones are left with confusion instead of comfort.
Keep your will for the essentials, and use separate documents for the rest—funeral wishes, emergency notes, digital assets, and beneficiary forms. Most importantly, review and update your will regularly.
Because at the end of the day, a will isn’t about you—it’s about making life easier for the people you leave behind.
Visit: Pure Magazine
