Reasons Why People Don’t Have a Will
A will is a crucial legal document that ensures your assets are distributed according to your wishes after your death. However, certain items should never be included in a will, as they can cause legal complications, delays, or even render parts of your will invalid.
Items You Should Not Include in Your Will
1. Jointly Owned Property
Assets owned jointly with another person automatically pass to the surviving owner upon death. You cannot override this with your will.
Example of Jointly Owned Assets:
| Asset Type | Ownership Impact |
|---|---|
| Joint Bank Accounts | Pass to surviving owner |
| Jointly Owned Property | Transferred via survivorship rights |
| Shares in Joint Names | Automatically inherited by co-owner |
2. Life Insurance & Pension Benefits
These typically have designated beneficiaries, so including them in your will is unnecessary and can create confusion.
3. Digital Assets with No Transfer Rights
Some digital accounts, such as streaming services, social media accounts, and cloud storage, are non-transferable and should not be included in a will.
4. Funeral Instructions
Funeral wishes should be communicated separately to your family or included in a Letter of Wishes, as wills may not be read immediately after death.
5. Conditional Gifts That Are Unlawful or Impossible to Enforce
Gifts with unlawful conditions (e.g., requiring someone to divorce or change religion) may be challenged in court.
Legal Considerations
To ensure your will remains valid and legally binding, avoid:
- Including business assets that are part of a separate legal agreement.
- Making informal handwritten amendments without proper witnessing.
- Leaving gifts to witnesses of your will, which may invalidate their inheritance.
Common Will Errors & Consequences:
| Mistake | Consequence |
| Handwritten changes without witnesses | May invalidate the will |
| Leaving assets held in trust | These assets are managed separately |
| Not updating the will after major life events | Risk of unintended inheritance |
Best Practices
- Use a Letter of Wishes for non-legally binding instructions.
- Consult a professional will writer to avoid mistakes.
- Regularly review and update your will.
Conclusion
Understanding what not to include in your will can prevent legal disputes and ensure your final wishes are honored. If you need expert guidance, contact Create Wills UK for a free consultation today.
