Writing a will is one of the most important steps you can take to protect your family and your assets. However, many people don’t realise that what you include in your will is just as important as having one in the first place.
Under UK law, certain decisions in a will can create unintended consequences, ranging from delays and disputes to financial loss or even invalid outcomes.
In this guide, we explore key things you should think twice about including in your will and what to do instead.
1. Leaving your business in your will
For many business owners, it seems logical to pass their business through their will. However, this can create serious legal and practical complications.
Why this can be a problem:
- Shareholder or partnership agreements may override your will
In the UK, these agreements often contain clauses dictating what happens to shares on death.
- Delays during probate
A business left via a will may be tied up in probate, disrupting operations.
- Risk to business continuity
Without a clear succession plan, disputes between beneficiaries or business partners can arise.
What to do instead:
A business succession plan, supported by legal agreements, is usually far more effective than relying solely on your will.
2. Including detailed funeral wishes
Many people use their will to outline funeral preferences, but this is often ineffective.
The legal reality:
- Wills are typically read after the funeral has already taken place
- Funeral wishes in a will are not legally binding in England and Wales
What to do instead:
- Prepare a letter of wishes
- Discuss your preferences with family in advance
- Consider a pre paid funeral plan
This ensures your wishes are known and can realistically be followed.
3. Leaving money directly to a vulnerable or special needs beneficiary
Leaving assets to a loved one with additional needs may seem like the right thing to do, but it can have unintended consequences.
Potential risks:
- Loss of entitlement to means tested benefits
- Difficulty managing large sums of money
- Increased risk of financial exploitation
A better approach:
A discretionary trust or vulnerable person’s trust can:
- Protect access to benefits
- Provide long term financial security
- Ensure funds are managed responsibly
This is a highly technical area of UK law and requires specialist advice.
4. Leaving money to your pet
Pets are part of the family but under UK law, they are considered property and cannot inherit money or assets.
What happens if you try:
- Any gift “to a pet” will fail legally
- The funds may instead fall into the remainder of your estate
What to do instead:
- Appoint a trusted individual to care for your pet
- Leave them funds conditional on caring for the animal
- Consider a trust arrangement for ongoing care
Why getting your will right matters
Mistakes in a will don’t just affect paperwork, they can:
- Cause family disputes
- Delay inheritance
- Lead to unintended tax consequences
- Leave vulnerable loved ones unprotected
A will should work alongside broader estate planning, not in isolation.
How GLP Solicitors can help
At GLP Solicitors, we understand that every client’s circumstances are different. Whether you are planning for your family, your business, or vulnerable beneficiaries, our legal experts can help you structure your will correctly.
We provide:
- Tailored will drafting
- Trust planning for vulnerable beneficiaries
- Business succession advice
- Clear, practical guidance you can rely on
A will is not just a document, it’s a strategy.
Thinking carefully about what not to include can be just as important as deciding what to leave behind.
If you’re unsure, getting professional advice now can prevent costly mistakes later.