When writing a will, it’s just as important to know what not to include as it is to know what should go in. Including the wrong items could lead to confusion, delays, or even legal complications for the people you leave behind. Here are five things to leave out of your will—and what to do instead.
Pension Savings
Many people assume that pension savings are part of their estate and should be included in their will—but this isn’t usually the case. Pension funds don’t follow the instructions in your will. Instead, your pension provider or scheme trustees decide where your savings go, based on the rules of the pension scheme.
📌 What to do instead:
Complete an expression of wish form with your pension provider. This lets them know who you’d like to receive your pension if you die before you retire. You can usually do this online and update it at any time.
👉 Read more about pension savings and expression of wish forms here.
Funeral Arrangements
You can include funeral wishes in your will—but it might not be the best place to do so. Why? Because your will is often read after funeral plans are already underway. This means your wishes could be missed entirely.
📌 What to do instead:
Have an open conversation with your loved ones about your preferences. You can also put your wishes in a separate Letter of Wishes. While not legally binding, it can guide your executors and family at a difficult time.
Gifts to Pets
Sadly, pets can’t inherit money or assets directly, no matter how much they feel like part of the family. Naming your dog or cat as a beneficiary will be legally invalid.
📌 What to do instead:
Name a trusted person in your will who will take care of your pet, and leave them funds for the animal’s ongoing care. You can also use a Letter of Wishes to provide more detailed guidance on your pet’s needs and routines.
Items You Don’t Fully Own
You can’t leave something in your will if it’s not legally yours to give. This includes:
- Joint bank accounts or property (which usually pass directly to the surviving owner)
- Leased or rented items, like a leased car
- Business partnership interests, which typically require agreement from co-owners
📌 What to do instead:
Review the ownership structure of each asset. For complex situations, like business shares or property owned jointly, speak to a solicitor or financial advisor to make sure everything is handled correctly.
Gifts With Strings Attached
It might be tempting to leave assets with conditions like “only if my daughter divorces her partner” or “once my nephew graduates from university.” But these kinds of conditional gifts are tricky and may not be enforceable. They can also hold up the administration of your estate.
📌 What to do instead:
If you want more control over how or when a gift is given, a discretionary trust might be a better option. This allows a trustee to manage the distribution according to your wishes, without creating legal complications.
We Can Help
Writing a will isn’t just about listing your assets—it’s about protecting your loved ones and making sure your estate is handled smoothly. At Atterbury Payne, we help you do just that.
Our expert team offers tailored advice on:
We’ll make sure your will is legally sound, reflects your wishes, and avoids common pitfalls. We also offer ongoing support, so you can update your plans as your life changes.
Contact us today to speak with one of our expert advisors.
We’re here to help you get it right.