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What Should I Include in My Will?

When you sit down to write your will, it helps to have a checklist of what to include. According to The Law Society, a well-drafted will should cover all your assets and provide clear instructions for your executors.

A will is your opportunity to communicate your wishes clearly – who should get your belongings, who will handle affairs, and who will care for any dependents. To make sure your will is comprehensive, consider including the following key elements:

Your Assets (What You Own)

Make sure your will addresses all the significant things you own. This could be:

  • Money (bank accounts, savings, investments)
  • Property (your home, land, or any real estate you own)
  • Valuable personal possessions (like cars, jewellery, art, collections)
  • Business interests if you own a business

You don't need to list every single item you own (you can group things, like "all my household and personal effects" to cover general stuff), but do cover the big-ticket items and any things of special sentimental value. Essentially, think about what comprises your estate – which is the sum of all your assets after debts.

Remember that some assets pass outside of wills (like if you own a home jointly with someone as joint tenants, it goes automatically to the survivor, or life insurance that names a beneficiary pays directly), but it's fine to mention them too or have backup instructions.

Beneficiaries (Who Gets It)

Clearly state who should receive your assets. You can name individuals (like family members, friends) and/or organisations (charities, for example). For each significant asset or for portions of your estate, decide who the beneficiary will be.

Some people list many specific gifts (e.g., "£5,000 to my niece Alice; my wedding ring to my granddaughter Jane; my car to my brother…" etc.) – these are called specific bequests. Then, most wills also have a residuary clause that says who gets "everything else I haven't mentioned specifically." You might say, for instance, "I leave the rest of my estate to my wife" or "…divided equally among my children."

Naming alternate beneficiaries is wise too (e.g., "to my brother, but if he doesn't survive me, then to my niece"). You have full freedom here – you can give assets to anyone you like, in whatever proportions you like. Just be as clear as possible to avoid ambiguity. Use full names and perhaps their relationship to you for identification.

Guardians for Minor Children

If you have children under 18 (or pets that need care, you can include pet guardians too informally), your will should include a guardianship clause. This is where you name who should become the legal guardian of your children if you (and their other parent) are not around.

This is super important – it gives you a say in who raises your kids. Without it, courts would decide based on next of kin or who petitions for custody. Choose someone you trust with your kids' wellbeing, and ideally discuss it with them beforehand. You can also name a backup guardian in case your first choice can't serve.

Example clause: "If at my death I have any minor children, I appoint [Name] (my sister) to be the guardian of the person and property of such children."

Executor(s) of the Will

Your will should state who you appoint as the executor (sometimes called personal representative). The executor is the person who will carry out the instructions in your will and sort out your estate – from getting probate, to paying off any debts, to distributing assets to beneficiaries.

This role can be one person or multiple people (you can appoint up to four executors in a will, but commonly one or two are named). Common choices are your spouse, adult children, other close relatives, or trusted friends. You can also name a professional (like a solicitor or a bank) as an executor, but be aware they charge fees from the estate for their work.

Many people opt for a combination – say, a family member plus a professional, especially if the estate is complex. Make sure those you appoint know and agree to take on the role. Without an appointed executor, it can cause delays or disputes over who steps in.

Funeral and Burial Wishes (Optional)

While not legally binding, you can certainly include your funeral wishes in your will. Many people do. For example, you might state whether you prefer burial or cremation, where you'd like to be buried or have ashes scattered, or any special requests for your funeral service. Citizens Advice notes that you can also use a "letter of wishes" to provide more detailed, non-binding guidance on funeral preferences and other personal matters.

Example: "I wish to be cremated and my ashes scattered at sea" or "I would like a simple funeral without extravagant expense."

This can be helpful guidance for your family at a time when they're uncertain what you would have wanted. Just remember, the will might not be read until after funeral arrangements have begun, so it's also good to tell someone your preferences in advance or in a separate letter.

Residuary Clause

It's vital to include a catch-all provision for any assets not specifically mentioned. Life is unpredictable – you might acquire new assets after writing the will, or forget to list something.

A typical residuary clause might say: "I leave all the rest of my estate, of whatever kind and wherever situated, to [Name]." Or you might split the residue among multiple people by percentages. This clause ensures everything is accounted for. If you don't include it, anything not explicitly given away would be distributed per intestacy rules (which could defeat the purpose of parts of your will).

Alternate (Contingent) Beneficiaries

Consider what happens if a beneficiary you named passes away before you, or at the same time. It's wise to name backup plans. For example:

  • "I leave my estate to my brother, but if he dies before me, then to my niece (his daughter)."
  • "...to my children in equal shares, but if any child predeceases me, that share goes to their children."

This way, you've covered those possibilities and your assets won't fall into a legal limbo or unintended hands.

Signature and Witness Lines

At the end of the will, leave space for your signature and the date, along with lines for two witnesses to sign and print their names/addresses. This is more about format than content, but it's obviously critical to have the will executed properly. Most will templates include this section.

In essence, a good will answers these questions:

  • Who is in charge? (executor)
  • Who takes care of any minors? (guardian)
  • Who gets my stuff? (beneficiaries for various assets or overall)
  • Are there any special instructions? (funeral, specific bequests, etc.)

Things You Typically Shouldn't Include

It's generally not the place for:

  • Medical wishes (that's what advance directives or lasting powers of attorney for health are for)
  • Assigning personal wishes that aren't enforceable (like hoping someone will do something)
  • Funeral plans that involve illegal requests or anything against public policy
  • Overly complicated or inappropriate conditions on gifts (like requiring someone to marry someone to inherit – courts frown on that, except for reasonable conditions like reaching a certain age)

Final Review

Once you've drafted a will including all the above, review it carefully. Make sure names are correct, you haven't left anyone or anything out that you intended to include, and that it reflects your current situation. A will can be as detailed or as simple as needed, but the goal is to cover all the bases so nothing is ambiguous.

If in doubt, get a second pair of eyes – either a professional or a very trusted friend – to see if you missed any important inclusion. It's easier to fix it now than for your family to sort it out later.

By including all these elements, you'll have a complete and effective will that carries out your wishes and provides for the people (and causes) that matter to you.

References

  1. The Law Society. "Writing a will." lawsociety.org.uk. https://www.lawsociety.org.uk/public/for-public-visitors/common-legal-issues/writing-a-will
  2. Citizens Advice. "Wills." citizensadvice.org.uk. https://www.citizensadvice.org.uk/family/death-and-wills/wills/

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