What Should I Include in My Will?

We understand that, for many people, one of the biggest hurdles to writing a Will is not knowing what you can and cannot include.

Knowing what goes into a Will is extremely important, especially as they are bespoke documents. You need to ensure that you have all the correct provisions in place, so you can be confident that your wishes will be respected and your legacy will be protected.

Here, we outline what to include in a Will, explaining the importance of each element and how they are likely to impact your inheritance plans. We also detail what you cannot include, so you can be confident that you have all the necessary information when making a Will.

Why making a Will matters

Making a Will can be a daunting task. After all, making plans for a time when you are no longer around can be very difficult and, in some cases, means having to make difficult decisions over who should inherit what.

You should be aware that, if you do not have a valid Will in place, you run the risk of dying ‘intestate’. This means that your estate will be divided according to the rules of intestacy, rather than according to your personal wishes. Individuals whom you would like to pass property, assets and belongings on to may have no legal authority to receive anything.

Having a Will avoids this possibility and also helps to reduce the potential for any disputes between your loved ones after your death. If the terms are clear, fair, and in writing, there will be far less potential for anyone to claim that they have been unfairly omitted.

You can read our helpful guide ‘Why Do I Need a Will?’ to learn more about the benefits of making a Will, as well as the risks of intestacy.

What should I include in my Will?

Exactly what you want to include in your Will is ultimately your decision. However, there is a range of typical items which you will be recommended to include, especially if you work with a specialist Wills solicitor.

Essential personal details

When creating a Will, the starting point is often to ensure that you have a record of all your personal details (or the personal details of the person you are writing a Will for).

This will typically mean including:

• Your full legal name
• Address
• Date of birth
• Relationship status
• Similar details for other dependents if applicable

Appointing your executors

An executor is someone you name in your Will who has the responsibility of making sure your estate is managed and distributed according to your instructions. You can appoint up to four executors to work together.

You can name anyone as an executor. Given the importance of the role, it makes sense to appoint someone you trust, such as a partner, child, family member, or close friend. You can also choose to appoint a professional executor in your Will, such as a solicitor or accountant.

The precise responsibilities of your executor will depend on what your Will includes, but usually they will be tasked with handling:

• Applying for probate
• Gathering all available assets
• Paying debts and taxes (including Inheritance Tax)
• Distributing assets to beneficiaries
• Securing property
• Filing final accounts

An executor will also take over the role of managing your affairs from an attorney if they have been manging your affairs during any periods of incapacity.

Naming your beneficiaries

Your beneficiaries are the individuals, or organisations, you name in your Will to inherit from your estate. You can choose who you want to be a beneficiary and determine what they will receive, which could be specific items, a sum of money, or a share of your estate after it has been administered through probate.

To reduce the potential for any confusion or disputes between executors and beneficiaries, it is essential that you clearly identify your chosen beneficiaries using their full name and address, as well as that you list your wishes unambiguously.

You can decide whether you want to name your executor as a beneficiary of your Will. In some cases, this may be the most suitable arrangement, while in others it may be better to have an executor who is not a beneficiary. The important thing is that you clearly set out your wishes in a valid Will so that they can be followed when the time comes.

Guardians for minor children

If you have children under 18, you will need to consider appointing a guardian. They will be given parental responsibility for your children, which means they will have the legal authority to make decisions about their health, welfare, and education.

This allows you to declare who you would like to look after your children if there is no other surviving person with parental responsibility (such as your child’s other parent). If you do not name a guardian, the court will decide who to appoint, which may be at odds with your personal wishes.

Your assets and property

Your estate comprises of your assets and property. When you are deciding how to make a Will, you will need to consider how you want your assets and property to be handled by your executors.

This will mean making a clear inventory of all your existing assets and possessions, including your property, savings, investments and personal belongings. This will help to clarify the extent of your estate and what your executors will need to consider when they are handling your Will.

Specific gifts and bequests

In some cases, you may want to make a specific gift bequest to an individual or charity. You can include specific wording in your Will to cover a bequest, specifying exactly what you would like to pass on. This could be an individual item, a fixed sum of money, or a residuary request (whatever is left after debts, taxes and estates are covered).

The residuary estate

Explain what the residuary estate is and how to distribute what remains after specific gifts

The residuary estate refers to the remaining portion of your estate after any specific gifts, debts, taxes, funeral costs, and any additional administrative expenses have been paid. A simple way to look at the residuary estate is that it is everything left after your executors have carried out all of their duties.

You can specify how you would like the residuary estate to be handled in your Will, specifying who should receive funds and how it should be divided.

Funeral wishes and arrangements

If you have any requests about your funeral and the associated arrangements, you can discuss these in detail in your Will. This can include:

• Whether you wish to be buried or cremated
• Where the funeral should take place
• Whether you would like a religious or non-religious ceremony
• Charity donations
• Coffin or transport preferences
• Music, hymns or poetry
• Coffin or transport preferences

What not to include in your Will

There are a range of items that you cannot include in your Will.

These include:

• Jointly owned assets (e.g. property)
• Assets you do not own outright (e.g. leased vehicles)
• Items with beneficiary designations (e.g. pensions, life insurance policies and retirement accounts)
• Conditional requests
• Gifts to pets

FAQs about what to leave in your Will

Can I change what I include in my Will?

Yes, it is possible to change what you want included in your Will. Depending on how extensive the changes will be, you can either do this by including a codicil, or rewriting your Will from scratch.

A codicil is a supplementary document which can allow you to make minor adjustments to your Will, such as updating beneficiaries or appointing new executors. It can be a good way to make small changes without having to rewrite the framework of your current Will.

Do I need to list every item I own in my Will?

You don’t need to itemise everything you own in your Will.

Trying to include a list of everything you own can cause complications when it comes to making sure that your Will is up to date, so it’s often much more practical to use more general wording, such as ‘personal belongings’, save for specific high-value or sentimental items.

Can I leave my house to someone in my Will?

If you own a property as a joint tenant, your share of the property will be automatically passed on to your surviving co-owner (often your spouse).

If your property is held as tenants in common, you can decide who inherits your portion of the property in your Will, which doesn’t necessarily have to be the other co-owner of the property.

If you have sole ownership of a property, you can choose to leave it to a named beneficiary in your Will.

How many executors should I appoint?

You can name up to four executors to handle your Will, although you only need to have one executor as a minimum. It is usually sensible to appoint at least two executors, as this safeguards against the possibility of an executor being unable to fulfil their duties, or being unable to take on the responsibility. If your estate is particularly complex, it also helps to share the administrative workload.

Should I include my digital assets in my Will?

Yes, it is a sensible idea to reference digital assets in your Will. You can do this by compiling a list of the digital assets you own, making sure to include important details like usernames, passwords and login information so they can be accessed by your chosen beneficiaries.

Can I include funeral instructions in my Will?

Yes, it is recommended that you include funeral instructions in your Will. As you might expect, making funeral arrangements can be very difficult, so having these clearly laid out in your Will can help to reduce the burden on your executors and ensure that your wishes are respected.

What happens if a beneficiary dies before me?

In your Will you can specify what happens with a gift if the beneficiary dies before you. If one of the beneficiaries named in your Will dies before you, you might also wish to consider reviewing your Will and seeing if it needs to be amended, potentially via a codicil.

If there is no substitute beneficiary named in the Will, and you do not make any changes to your Will, any gifts left to the deceased beneficiary will lapse, meaning it becomes null and void. The share intended for the beneficiary is then distributed as part of the estate to the remaining beneficiaries.

How specific should I be about gifts?

There is a balance to strike when it comes to specifying gifts in your Will. The wording in your Will should make sure that there is no ambiguity when it comes to who receives what, but you should also be mindful to allow for a degree of flexibility if circumstances change for any reason.

Can I disinherit someone in my Will?

Yes, you can ‘disinherit’ someone from your Will, as you have the right to leave your estate to whoever you choose. However, you should be mindful of the fact that individuals, such as spouses and children, can make a claim against your estate for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 if they believe they have been unfairly omitted. In these situations, it is often a good idea to include a Letter of Wishes with your Will which explains your reasons for excluding someone, and your reasons for leaving the estate to other people instead.

Speak to our expert Wills solicitors today

If you need help with creating a Will, please get in touch with your local Devonalds office at Bridgend, Caerphilly, Church Village, Tylorstown, Tonypandy, Talbot Green, Treorchy or Pontypridd to talk to one of our expert South Wales Wills & probate solicitors today.

You can call us on 01443 779050 or use our simple contact form, and we will get back to you as soon as possible.