Four things people often forget when writing their will but really shouldn’t

IS THAT EVERYTHING? It’s important to ensure you’ve included all assets in your will to save any confusion later on (Image: PA)

When it comes to writing a will, it’s easy to focus on the big things like property, bank accounts and family heirlooms. However, there are often overlooked details in a person’s estate that can be overlooked.

A last will and testament is one of the most crucial documents you’ll ever sign, so it’s vital to be thorough and concise. It ensures your wishes are followed after your death and allows you to decide who inherits your assets and appoint guardians for any minor children.

Having a will can prevent family disputes and provide clarity during a difficult time. It also helps make the estate administration smoother and can reduce legal or tax complications.

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Emma Bryson, senior associate in the disputed wills and estates team at Michelmores, has highlighted four common oversights. These could lead to confusion and stress later on if not addressed when the will is created.

Alternative or replacement beneficiaries

Most of us forget to name alternative or replacement beneficiaries in our wills, which is a sensible back-up plan.

“If the donee, who is the recipient of the gift under the will, dies before the testator [the person who makes a legally valid will], and there isn’t a replacement beneficiary, then that gift will fail and that legacy will fall into the residue,” explains Bryson. “That means it will fall into the pot of everything else that’s left in the estate, and that might not be what the testator wanted.”

While you aren’t legally required to name alternative or replacement beneficiaries in your will, it’s usually advised by solicitors. “If you don’t name an alternative or replacement beneficiary, there are obviously some risks, because if they die before you, you then lose control as to what happens with that gift,” advises Bryson.

Funeral and burial wishes

Setting out your funeral and burial preferences in your will can help alleviate stress for your loved ones by providing clear guidance for arrangements.

“We think it’s really important for a testator making their will to think about if they would like to be buried or cremated and how they’d like that to take place,” says Bryson. “Often this may have been communicated verbally to relatives or friends, but there’s always a risk that those relatives might forget, or they may have pre-deceased the testator, meaning that the testator’s funeral or burial wishes might not be put into effect.”

However, she points out that funeral and burial preferences are not legally binding. “They are just wishes, so you cannot bind somebody or compel your executor to carry out your funeral and burial wishes in a certain way,” explains Bryson. “However, they are still really important because if there is ever a dispute about who the executors are or how that person should be buried or cremated, then the court will consider the deceased’s wishes as one of the factors when deciding what should happen.”

Many people outline their funeral and burial preferences in their last will and testament near the beginning. “There’s no set specific place for a funeral or burial wishes to be included in a will, but usually you see them included at the start, after the testator’s name and address,” Bryson explains.

Execution of a will

When dealing with something as crucial as a will, it’s vital to follow all the procedures and ensure that all administrative details are correct.

“The execution of a will is very particular. If something’s not quite right regarding how the will is signed and witnessed, then the will will be completely invalid,” Bryson states. “For a will to be valid, it must be signed by the testator who intended by their signature to give effect to the will.

“It also must be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and each witness must attest and sign the will or acknowledge their signature in the presence of the testator. If any of those things don’t happen, then you don’t have a valid execution. So, it’s very specific and often people get it wrong, unfortunately.”

This is why seeking professional advice can be beneficial. “You will have more of a safety net for this if your will is prepared professionally and is executed by the testator in the presence of their solicitor,” Bryson advises.

Digital assets

“Digital assets are often overlooked in wills but are really important to consider because we’re in an increasingly digital age,” says Bryson. “When you’re making a will, I think it’s more common for people to think about their physical assets like their house, jewellery, properties etc, but I think it’s really important to also think about digital assets – like cryptocurrency, online businesses, social media accounts and websites – if you want pass these to a certain beneficiary or a particular person.

“Especially if you have more of a social media presence, you might want to pass your Instagram account, for example, onto somebody.”

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