Last Updated: July 24, 2026
When thinking about creating a Will, there’s plenty to consider with your estate perhaps more complex than first thought.
It shouldn’t put you off the process though, as the tangible benefits far outweigh any uncertainty you may have at the outset.
Gathering as much information as possible at the start is important but knowing what a Will won’t help with is just as significant. To make life easier, we’ve outlined some of the things that a valid Will wouldn’t include below:
Jointly Owned Property
You can jointly own property in different ways – as joint tenants, tenants in common or on trust.
If you own property as tenants in common all owners would own a specified share of the property and this would form part of their estate on death to be distributed as per their Will.
However, if you own property as joint tenants, you all own the entirety of the property and on your death your share of the property automatically passes to the surviving owners, under the rule of survivorship, essentially overruling any wishes set out in your Will that may be contrary to this.
Many property owners may choose to place their property into Trust and therefore the Trust document will need to be consulted when deciding what happens to any assets involved. As a result, the wishes in a Will may be cast into doubt in terms of their implementation.
You can change the way you own property if the current way does not reflect your wishes.
Joint Bank Accounts
In the UK it is common for bank accounts to be shared between couples and in the majority of cases these will be owned on the same principles as joint tenants (explained above). If you open this type of shared bank account, you should be aware that any funds in the account will automatically pass to the surviving joint owner, again under the rule of survivorship and this will overrule any contrary intention stated in your Will.
If you wish for funds to be passed on in a different way, you should ensure that the funds are held in a bank account in your sole name and this is addressed in your Will.
Gift Conditions
While it is quite common for gifts to be given to beneficiaries outright after a passing, it is also possible to include conditional gifts in your Will. These are gifts that you wish to be given only if certain conditions are met. For instance, a recipient turning a certain age, or even if a recipient graduates from university.
You should consider such conditions carefully to ensure that they are capable of being enforced at the time of your death.
Gifts for Pets
You can leave provision for pets in your Will to ensure that they are well looked after following your death. You would need to ensure that you name the person who you wish to take on the responsibility for your pets and you can leave funds to assist the person you choose. You should however make sure that this is drafted in the correct way in your Will as your pets themselves cannot give a valid receipt for any funds gifted directly to them.
Is Will writing on your mind?
Head of Wills, Probate and Trusts at Winn Solicitors, Rebecca Harbron Gray, explains the importance of using an effective Will writing service, saying:
“Many people avoid writing a Will and making plans for death for many years because they think it is a morbid or depressing process. But the truth is often that, once complete, people get a sense of comfort and relief from knowing that they have done all they can to protect and care for their nearest and dearest.
“At Winn Solicitors, our team has decades of experience in this specialist field of law and we know how to make it simple and stress-free – no matter how complex your estate or family situation.”
With a dedicated team of legal specialists in settling affairs, Winn Solicitors can help you create a Will that offers complete peace of mind and security for your family, no matter what the future holds.
If you’re looking for legal advice on Wills and an expert Will writing service, get in touch with Winn Solicitors today.
