Last updated: September 2026
Making a will is one of the most important things you will do in your lifetime. Without a will, it could be that your loved ones aren’t taken care of financially in the best way possible. You won’t get to plan around Inheritance Tax, which could leave beneficiaries with a larger-than-necessary tax bill to pay. You certainly won’t be able to leave a legacy to your favourite charity, and it may even turn out that your estate doesn’t pass to those you wanted it to.
Many people like the fact that with a will, they are in control of what happens to their estate on their passing. But whilst most are clear on what they want to include in the will, many are unaware of what doesn’t belong in it, what it cannot legally achieve, or what could cause problems for their executors.
With this in mind, here are the most common things that people believe should be included in a will, but which are better dealt with in another way. This guide is written for people in England and Wales; the rules in Scotland and Northern Ireland differ in places.
What you should never put in your will
A will is not the place to make poignant statements or unusual requests. It is a legal document which should be kept as clear and simple as possible, so as not to raise difficulties for those dealing with your estate when the time comes.
It is also worth remembering that once probate has been granted, a will becomes a public document, and anyone can order a copy from GOV.UK. Anything you write in it could be read by people outside your family.
Here’s what you should never put in your will…
1. Unclear or unreasonable conditions
If you are considering attaching conditions to gifts left in your will, think carefully. Some conditions are allowed, but conditions that are too vague to apply, or that go against public policy, can be struck out by the courts. So if you were thinking about leaving your car to your sister on the basis of her divorcing your brother-in-law, that condition is unlikely to stand.
If you wish to set out a reasonable milestone, such as a gift passing to your granddaughter when she reaches a certain age, this is usually better handled through a properly drafted trust, so that it is clear who holds the asset in the meantime and when it passes on. A solicitor can advise on the wording.
2. Funeral arrangements
A will is not the best place in which to set down your funeral wishes. Whilst some people do include a clause as to whether they wish to be buried or cremated, in England and Wales these wishes are not legally binding on your executors. What’s more, funeral arrangements tend to be made before the will is read, which means your wishes may not be seen in time.
The best course of action is to discuss your funeral plan with your next of kin or executors, and leave them a written note of your wishes that is easy to find. For a broader view on how to prepare your estate, our probate and estate planning services can help ensure everything is in place.
3. Gifts to pets
Another thing you should never put in your will is a gift to a pet. It is not legally possible to pass assets on to an animal.
Instead, you may wish to leave your pet to someone you trust, together with a sum of money to cover their care, or arrange care with an organisation that does this professionally. You may also consider making a donation to a relevant animal charity.
4. Jointly held assets
Our next item is jointly held assets, such as property and bank accounts.
If you own property as a joint tenant with another person, the right of survivorship applies. This means that when one joint owner dies, the surviving owner automatically owns the entire property, whatever the will says. There is therefore no point in trying to leave jointly owned property in your will.
If you own property as tenants in common, your share does pass under your will, so it is important to know which type of ownership you have. GOV.UK explains the difference.
Similarly, any funds in a joint current or savings account will usually pass automatically to the surviving account holder.
5. Pensions, death in service and life insurance
Pension plans and death in service benefits are normally paid out at the discretion of the scheme, guided by the beneficiaries you have nominated in an expression of wish form. Naming someone in your will does not usually change who receives them, so it is important to keep your nomination forms up to date instead.
In the same way, a life insurance policy written in trust will pass to the beneficiaries of that trust rather than under your will.
These assets also matter for tax. From 6 April 2027, most unused pension funds and death benefits will be included in the value of an estate for Inheritance Tax, although death in service benefits from a registered pension scheme remain outside. This makes it even more important to look at pensions alongside your will as part of wider Inheritance Tax planning.
6. Anything you don’t own outright
If you have belongings that were funded by a finance agreement, you may be unable to leave these in your will as they are not legally yours to give.
Items such as leased cars, or a high value laptop bought on a hire purchase agreement, will usually have to be returned to the finance provider or paid off from the estate.
Similarly, if you are a partner in a business or hold shares in a private company, what happens to your share may be governed by a partnership or shareholders’ agreement, so it is worth checking these before making gifts in your will.
7. Passwords, PINs and account details
Because a will can become a public document, it is not a safe place to record passwords, PINs or login details. Instead, keep a separate, secure record of your accounts and tell your executors where to find it.
Our guide to including online accounts and crypto in your will explains how to plan for your digital legacy without putting sensitive information at risk.
8. Lengthy explanations and personal statements
It can be tempting to explain in your will why you have left someone out, or to share personal feelings about family members. This can cause upset, and in some cases lead to disputes.
If you are leaving out someone who might expect to benefit, it may be better to set out your reasons in a separate, private letter kept with your will. Certain family members and dependants can make a claim against an estate under the Inheritance (Provision for Family and Dependants) Act 1975, so it is worth taking legal advice from a solicitor in this situation.
9. Handwritten changes after signing
Once your will has been signed and witnessed, you should not write on it, cross things out or add notes. GOV.UK advises that you cannot amend your will after it has been signed and witnessed. Any changes must be made with a codicil, which is signed and witnessed in the same way, or by making a new will.
10. Anything illegal or impossible to carry out
Finally, a will cannot require your executors to do anything illegal or impossible. Requests like these will simply not be carried out and may cause unnecessary delay and cost for your estate.
What should you include in your will instead?
A clear will usually covers who your executors are, who should look after any children under 18, who should receive your estate and any specific gifts, and what should happen if a beneficiary dies before you. Our checklist for making a will in the UK covers this in more detail.
Frequently asked questions
What should you never put in your will in the UK?
Common things to avoid include unclear or unreasonable conditions, funeral wishes, gifts to pets, jointly owned property held as joint tenants, pensions and life policies that pass outside your will, items you don’t own outright, passwords and account details, and handwritten changes after signing.
Are funeral wishes in a will legally binding?
No. In England and Wales, funeral wishes in a will are not legally binding, and the will may not be read until after the funeral. It is better to tell your family or executors and leave a separate note.
Can I leave my pension in my will?
Usually not. Most pension schemes pay death benefits at their discretion, guided by your expression of wish form, so it is important to keep your nominations up to date.
Can I change my will by writing on it?
No. Once your will has been signed and witnessed, changes must be made with a codicil or a new will.
A trusted will writing service from Partridge Muir & Warren
When it comes to writing your will, the team at Partridge Muir & Warren can provide the professional financial advice you need to make the right decisions about what you should put in your will, and what you should never put in your will.
Our aim is to ensure your executors are not left facing a challenge in administering your estate, and to make certain that those you care about most are catered for in the best way possible. We offer a full estate planning, trust creation and maintenance and Inheritance Tax planning service, ensuring all your needs are covered by our expert financial advisers.
Why not contact us today to learn more about our will writing service? We look forward to helping you put together such an important document.