What Should a Will Include? A Simple Checklist

A will is not just a list of who gets what. It is the document that gives your family clear instructions when they may be least able to make difficult decisions. If you are asking what should a will include, the answer starts with the people you trust, the people you want to protect and a clear plan for everything you leave behind.

For most people in England and Wales, making a will is more straightforward than it first appears. The key is to think through the practical choices before putting them into a legally valid document. A little care now can spare your loved ones delay, uncertainty and avoidable disagreement later.

What should a will include?

A standard will should identify you, cancel earlier wills, name your executors, appoint guardians where needed, set out who inherits and explain what happens if a beneficiary dies before you. It should also be signed and witnessed correctly.

The detail matters. A vague wish such as “leave everything to my family” may sound clear, but it does not tell anyone who you mean, in what shares, or what should happen if circumstances have changed. A well-written will turns personal intentions into instructions that can be followed.

Your full name and personal details

Your will should clearly state your full name and address, so there is no doubt whose will it is. If you have used another name, perhaps following marriage or divorce, that can be recorded too.

It is also usual for a will to say that it revokes all previous wills and codicils. This avoids the risk of an older document causing confusion. Do not simply add handwritten amendments to an existing will without advice. Changes may not be valid and can raise questions about the whole document.

Executors to deal with your estate

An executor is the person responsible for carrying out your will. They gather your assets, pay debts and any tax due, apply for probate if required, and distribute the estate to your beneficiaries.

Choose somebody organised, trustworthy and willing to take on the role. Many people appoint a spouse, civil partner, adult child, relative or close friend. You can name more than one executor, which can spread the work and provide support. It is sensible to name a substitute too, in case your first choice cannot act.

Being an executor can involve paperwork and time, particularly where there is property to sell, a business, investments or family tensions. A professional can be appointed where an estate is complex, but this can increase costs. For a straightforward estate, a trusted relative or friend is often the right choice.

Beneficiaries and clear gifts

Beneficiaries are the people or organisations you want to inherit from your estate. Your will can leave a specific item or sum of money, such as jewellery to a daughter or £1,000 to a charity. It can also divide the remainder of your estate, known as the residue, after debts, funeral costs and specific gifts have been dealt with.

Naming people clearly is essential. Include their full names and relationship to you where helpful. If you want your estate split equally between children, say so. If you want one child to receive a larger share for a particular reason, record that clearly in the will rather than relying on family members to interpret an informal conversation.

Think about what happens if a beneficiary dies before you. You may want their share to pass to their children, to the other named beneficiaries, or elsewhere. This is particularly relevant for parents and grandparents, because it helps ensure gifts do not fail simply because life did not follow the expected order.

Guardians for children under 18

If you have children under 18, appointing guardians is one of the most valuable parts of a will. A guardian is the person you would want to care for your children if both parents with parental responsibility have died.

Talk to the people you are considering before naming them. They may be loving relatives, but practical factors matter too: their health, age, location, existing family commitments and ability to take on the responsibility. You can appoint more than one guardian, such as a couple, and name replacements.

A will cannot remove the rights of a surviving parent who has parental responsibility. However, it gives the court strong evidence of your wishes if no parent is able to care for the children. You may also wish to leave guidance about schooling, religious upbringing or family routines, although these personal wishes are not usually legally binding.

Your home and other property

Your will should account for your home, savings, possessions, investments and any other assets you own. But how a property is owned can affect whether it passes under your will.

If you own a home with someone else as joint tenants, it will usually pass automatically to the surviving owner, regardless of what your will says. If you own as tenants in common, your share can pass according to your will. This distinction is especially important for unmarried couples, people with children from an earlier relationship, and anyone considering protecting a share of their home for their own children.

Where property protection or a life interest trust may be appropriate, personalised legal advice is worthwhile. A standard will can cover many situations, but trusts bring extra responsibilities and should be used because they suit your circumstances, not because they sound more protective.

Personal possessions, digital accounts and pets

A will can include gifts of sentimental possessions, from a wedding ring or watch to artwork, furniture or a cherished collection. Be realistic about the value and practicalities of individual gifts. If you leave a particular item to someone and no longer own it when you die, that gift will normally fail.

Digital life is worth considering too. Your will can refer to digital assets such as online accounts, photographs, cryptocurrency or income from digital work. Do not put passwords in the will, as it may become accessible during probate. Instead, leave secure instructions that your executors can find.

You cannot technically leave a pet as property in the same way as an object without considering their welfare. You can, however, name the person you would like to care for your pet and leave money to support that care. Discuss it with them first.

Funeral wishes and letters of guidance

You can state funeral preferences in a will, such as whether you would prefer burial or cremation. These wishes are helpful for loved ones, but they are not legally binding. Because a will may not be found or read immediately, it is wise to tell your executors and close family about your preferences as well.

Some people also prepare a separate letter of wishes. This can explain why certain decisions were made or provide practical information, such as where important documents are stored. Keep this separate from the will, because it can be updated more easily and should not contradict the legal document.

Making sure your will is valid

Even the clearest wishes may not work as intended if the will is not properly executed. In England and Wales, a will normally needs to be in writing, signed by you while you have mental capacity and understand what you are doing, and witnessed by two people.

The witnesses must be present when you sign, and they must then sign in your presence. A beneficiary should not act as a witness, nor should the spouse or civil partner of a beneficiary. Doing so can mean that person loses the gift made to them under the will. To avoid unnecessary problems, choose independent adult witnesses who are not inheriting.

Store the original will safely and make sure your executors know where it is. A photocopy may not be enough when the time comes to administer your estate. A formal will-storage service or a secure place at home can both work, provided the document can be located without difficulty.

Review your will when life changes

A will should not be a document you make once and forget. Marriage generally revokes an existing will unless it was made in contemplation of that particular marriage. Divorce does not automatically cancel a will, though it can affect how gifts to a former spouse are treated. A new child, a house move, an inheritance, a business, bereavement or a change in family relationships can all be reasons to review it.

For many households, a clear, fixed-price online will is a practical first step. English Wills helps make the decisions manageable, but the value lies in taking that step while you can explain your wishes properly.

The best time to make a will is not when everything feels perfectly organised. It is when you recognise that the people you love deserve clarity, whatever happens next.

Tags:

Comments are closed