Creating a legally valid will is one of the most crucial steps you can take to protect your loved ones, yet many Britons overlook essential details that could undermine their final wishes. While most people remember to include major assets like property and savings, several critical elements are frequently forgotten during estate planning.
The Backup Plan You Might Be Forgetting
Emma Bryson, senior associate in the disputed wills and estates team at Michelmores, highlights that naming alternative or replacement beneficiaries represents one of the most common oversights. "If the donee, who is the recipient of the gift under the will, dies before the testator, and there isn't a replacement beneficiary, then that gift will fail," Bryson explains. This means the intended gift falls into the residual estate, potentially distributed in ways the deceased never intended.
Although not legally required, solicitors strongly advise including backup beneficiaries to maintain control over asset distribution. "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," Bryson warns.
Beyond the Legal Requirements: Your Final Wishes
Another frequently neglected area involves funeral and burial preferences. While these instructions aren't legally binding, clearly outlining them in your will provides invaluable guidance to grieving relatives. "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," Bryson notes.
She emphasises that although executors cannot be compelled to follow these wishes exactly, courts will consider them if disputes arise about funeral arrangements. Most people include these preferences near the beginning of their will, following their name and address details.
The Digital Estate: Modern Assets in Traditional Wills
In our increasingly digital age, digital assets often go unmentioned in wills. "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," Bryson advises.
This includes cryptocurrency holdings, online businesses, social media accounts, and websites. For those with significant online presence, specifying who should inherit social media accounts like Instagram ensures these digital assets are handled according to your wishes.
Proper will execution remains paramount, as Bryson stresses: "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." The document must be signed by the testator in the presence of two witnesses who simultaneously attest and sign. Professional guidance provides a safety net against execution errors that could invalidate the entire document.
Having a comprehensive, properly executed will prevents family disputes, provides clarity during difficult times, and ensures your wishes are respected. It also streamlines estate administration and can reduce potential legal or tax complications for your beneficiaries.
