What to Include in a Will UK — The Complete Checklist

Most people write a will with one fear: forgetting something important. That fear is justified. A will missing key clauses — a residuary estate clause, a guardian appointment, a clear executor — creates problems at exactly the moment your family can least afford them. This is the complete checklist for what to include in a UK will, covering every section you need and the assets people most commonly overlook.

The 60% of UK adults who don't have a will aren't the only risk. The wills that cause the most damage are the ones that exist but are incomplete — missing beneficiaries, outdated after a marriage or divorce, or silent on assets worth tens of thousands. Get every item on this list right, and your executor has a clear, unambiguous document to work from. Miss the wrong one, and your family faces delays, disputes, and avoidable costs at the worst possible time.

If you die without a valid will, the intestacy rules distribute your estate according to a legal formula that has nothing to do with your wishes — and leaves unmarried partners, stepchildren, and close friends with nothing.

The Essentials: What Every UK Will Must Include

These are the non-negotiables. A will that's missing any of these is either invalid or will cause significant problems at probate.

1. Your full legal name and address

The will must identify you clearly. Use your full legal name exactly as it appears on official documents. Include your current address. If you've changed your name (through marriage, deed poll, or otherwise), note all names you've been known by to avoid ambiguity.

2. A revocation clause

Every new will should begin with a clause revoking all previous wills and codicils. Without this, earlier documents may remain partially valid and create conflicts at probate. This is one of the most frequently omitted clauses — and one of the most consequential oversights.

3. Executor appointments

Name at least two executors. Your executor is responsible for applying for probate (or Confirmation in Scotland), collecting assets, paying debts and taxes, and distributing the estate according to your will. If your primary executor predeceases you or is unable to act and you haven't named a substitute, the court must appoint an administrator — adding delay and cost. Most people name a spouse or partner plus a trusted sibling or friend.

4. Beneficiaries with clear identification

Identify each beneficiary by full name, relationship, and date of birth where possible. "My daughter" is ambiguous if you have more than one. "My niece Sarah" may be ambiguous in a large family. Names that appear on official documents (birth certificates, passports) are the safest reference. For each beneficiary, state what they receive — a specific amount, a percentage, a named item, or a share of the residuary estate.

5. A residuary estate clause

This is the catch-all provision that distributes everything not covered by specific gifts. Without a residuary clause, any assets not explicitly mentioned in the will become "partially intestate" — distributed under the intestacy rules regardless of your other wishes. Your residuary estate clause should name a primary beneficiary and at least one substitute in case the primary predeceases you.

6. Signing and witnessing (correctly done)

In England and Wales: sign in front of two independent witnesses, both present simultaneously. Both witnesses must sign in your presence immediately after. In Scotland: one independent witness (minimum). Neither witness — nor their spouse or civil partner — can be a beneficiary. This is not a technicality; it's a hard rule. A will correctly drafted but incorrectly witnessed can see beneficiaries lose their entire inheritance.

Assets People Forget to Include

The residuary estate clause covers most overlooked assets automatically — but some require specific attention to ensure your executor can actually access them.

Digital assets

Online accounts, subscription services, domain names, digital photography libraries, and email accounts all have value and are governed by each platform's terms of service. Most platforms don't automatically allow inheritance. Your will should acknowledge digital assets and direct your executor to a separate digital asset register — a document stored alongside your will that lists accounts, access credentials (or where to find them), and your wishes for each. The will itself should never contain passwords.

Cryptocurrency

Cryptocurrency held in a self-custody wallet is permanently inaccessible if the private key or seed phrase is lost. It does not recover. Exchange-held crypto can often be accessed with a death certificate, but exchange policies vary. Treat crypto as a priority item in your digital asset register — include wallet addresses, the location of seed phrases, and instructions for transfer. An executor who doesn't know about a crypto holding simply cannot recover it.

Pension death benefits

Your pension does not pass through your will. Pension trustees distribute death benefits at their discretion based on your Expression of Wishes (Nomination Form) — a form held by your pension provider. This form should be updated whenever your circumstances change. While the trustees aren't bound by it, they almost always follow it. If your nomination form names an ex-spouse and you haven't updated it, your ex may receive your pension death benefit regardless of what your will says.

Life insurance nominations

Like pensions, life insurance policies written in trust pay directly to the nominated beneficiary — not through your estate. Check each policy's nomination. If a policy is not written in trust, the payout falls into your estate and is subject to Inheritance Tax. This is an important distinction worth reviewing with an insurance adviser.

Jointly owned property

Property held as joint tenants passes automatically to the surviving owner by the right of survivorship — your will has no effect on it. Property held as tenants in common (where you and your co-owner each own a defined share) does pass through your will. Check your title deeds or Land Registry records to confirm how your property is held. Many couples who think they hold as joint tenants are actually tenants in common.

Overseas assets

Property or significant assets held abroad are generally governed by the law of the country where they're located. A UK will may not be recognised or may need to be resealed in that jurisdiction. If you own overseas property, take legal advice on whether you need a separate will in that country, or whether a "worldwide assets" clause in your UK will is sufficient.

Business interests

If you own shares in a private company, are a sole trader, or have a partnership interest, what happens to that interest on your death depends on the company's articles of association, partnership agreement, or shareholder agreement — not just your will. Check these documents. Business Property Relief may also affect the Inheritance Tax treatment of business assets.

Guardianship for Children Under 18

If you have children under 18 and both you and the other parent die, who raises them? The answer — without a will — is whoever a court decides. Appointing a guardian in your will is the only way to express your preference and give it legal weight.

Points to address in the guardianship section:

• Named guardian: Full legal name and relationship. Discuss it with them before you write the will — don't surprise someone with a guardianship appointment.
• Substitute guardian: What if your named guardian predeceases you or is unable to act? Name a backup.
• Trustee for children's inheritance: Children under 18 cannot receive assets directly. You need a trustee to hold and manage their inheritance until they reach the age you specify (18 is the legal minimum; many parents choose 21 or 25).

Courts give significant weight to guardianship appointments in a will, but they are not absolutely binding — a court can override the appointment in the child's best interests. However, having a named appointment is far better than having none: without one, the court process takes longer and may produce an outcome you wouldn't have chosen.

Specific Gifts vs the Residuary Estate

Your will can distribute assets in two ways:

Specific gifts (legacies) are fixed items or sums you leave to named people: "I leave my grandfather's watch to my son James" or "I leave £5,000 to Cancer Research UK." These are paid from the estate before the residuary estate is distributed. If the specific asset has been sold or no longer exists at the time of death, the gift "adeems" — the beneficiary receives nothing in its place unless the will includes a substitution clause.

The residuary estate is everything that remains after specific gifts, debts, taxes, and funeral expenses have been paid. Your residuary clause distributes this remainder — typically as a percentage split between named beneficiaries.

Use specific gifts for sentimental items or meaningful charitable donations. Use the residuary clause for the bulk of your estate. Avoid making too many specific cash gifts without checking the estate can cover them — if the estate shrinks (through care costs, for example), specific gifts are paid first and the residuary beneficiaries bear the reduction.

Funeral Wishes and Organ Donation

You can include funeral wishes in your will — burial vs cremation, religious preferences, specific music or readings — but they are not legally binding. Your executor is not obliged to follow them, and in practice the will is often read after the funeral has already taken place.

For funeral wishes to be acted on, tell your executor verbally and write them in a letter of wishes stored with your will (see below). A letter of wishes is more accessible and more likely to be read before the funeral than the will itself.

Organ donation is better handled through the NHS Organ Donation Register. England, Scotland, and Wales all operate opt-out systems — meaning adults are presumed to have consented unless they've opted out. Northern Ireland moved to opt-out in 2023. Your will is not the right place for organ donation preferences: it's read too late and carries no direct authority over the decision.

Letter of Wishes

A letter of wishes is a non-legally-binding personal document that accompanies your will. It's not enforceable, but most executors and beneficiaries respect it — and it covers things the formal will cannot:

• Personal messages to loved ones
• Guidance on distributing sentimental items not mentioned in the will
• Care preferences for pets (a will can include a bequest for a pet's care; the letter gives detail on their needs and preferences)
• Reasons behind decisions in the will — particularly useful if you've treated beneficiaries unequally and want to explain why
• Instructions for digital accounts not covered by your digital asset register
• Guidance for trustees managing children's inheritances

Unlike the will itself, a letter of wishes can be updated at any time without witnesses or formality. Keep it with your will and tell your executor it exists.

Jurisdiction Differences: England & Wales, Scotland, and Northern Ireland

The UK has three separate legal systems. Which one applies to your will depends on where you were domiciled when you die — broadly, where you consider home.

England and Wales

Governed by the Wills Act 1837. Two witnesses required. Full freedom of testamentary disposition — you can, in principle, leave everything to a stranger and nothing to your children. However, certain family members can apply to court under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision from the estate. This is a challenge mechanism, not an automatic right — but it's a real risk for wills that appear to treat close dependants unfairly.

Scotland

Governed by the Requirements of Writing (Scotland) Act 1995. One witness required. Holograph wills (entirely handwritten and signed) valid without a witness. Most significantly: legal rights (legitim) cannot be excluded. A surviving spouse or civil partner is entitled to one-third or one-half of the net moveable estate, and children collectively have the same right. You cannot fully disinherit a child or spouse in Scotland — they can always claim their legal rights share. This changes estate planning fundamentally. See our complete guide to writing a will in the UK for more on Scots law.

Northern Ireland

Governed by the Wills and Administration Proceedings (NI) Act 1956. Broadly similar to England and Wales — two witnesses required, no equivalent of Scottish legal rights, full freedom of testamentary disposition. The key differences are procedural: probate is handled by the Probate and Matrimonial Office in Belfast, and the statutory legacy for spouses under the intestacy rules is higher (£450,000 vs £322,000 in England and Wales).

Common Mistakes That Invalidate a Will

Writing the content is one thing. These execution errors can render an otherwise correct will invalid or unenforceable:

No witnesses, or disqualified witnesses. The single most common invalidating error. A will signed without proper witnesses — or witnessed by a beneficiary — is either invalid or loses the beneficiary their inheritance. The witnesses must be physically present, independent, and must sign in your presence.

Unclear or ambiguous language. "I leave my car to my son" — which son? Which car, if you own two? Ambiguous gifts require a solicitor's interpretation at probate and may result in partial intestacy. Be specific: full names, registration numbers, account numbers where relevant.

Not revoking previous wills. If an earlier will exists and the new one doesn't include a revocation clause, both documents may be partially valid. Courts try to reconcile them, but this creates complexity and cost. Always include "I hereby revoke all former wills and codicils."

Forgetting to update after marriage, divorce, or death of a beneficiary. In England and Wales, getting married automatically revokes your existing will (unless the will was made specifically in contemplation of that marriage). Getting divorced does not revoke the will but treats your ex-spouse as if they had died — removing them from executor and beneficiary roles. Review your will after every major life event.

Signing amendments or alterations incorrectly. You cannot handwrite changes onto a signed will and expect them to stand. Any change after signing requires a formal codicil (signed and witnessed the same way as the original will) or a completely new will. Informal amendments are presumed to have been made after execution and are ignored.

Using correction fluid or making crossings-out. Any alteration to a signed will is presumed to have been made after the will was executed, which means it's likely void. If you spot an error after signing, make a codicil or write a new will entirely.

Frequently Asked Questions

What must be included in a will to make it valid in England and Wales?

A valid will must be in writing, signed by the testator in front of two independent witnesses who both sign in the testator's presence. The testator must have testamentary capacity. The will must include at least: a revocation clause, executor appointment, beneficiary designations, and a residuary estate clause. Witnesses cannot be beneficiaries or the spouse or civil partner of a beneficiary. See our complete guide to writing a will for full details.

Do I need to include all my assets in my will?

A residuary estate clause catches everything not individually specified. However, some assets pass outside your will regardless: jointly held property (joint tenants), life insurance with named beneficiaries, and pension death benefits are distributed separately. Assets in sole name that aren't specifically gifted all fall into the residuary estate.

Can I include funeral wishes in my will?

Yes, but they're not legally binding — and the will is often read after the funeral. State your wishes to your executor directly and in a letter of wishes stored with the will. For organ donation, register with NHS Organ Donation rather than relying on your will.

What happens to digital assets and cryptocurrency if I don't include them?

They fall into the residuary estate — but without access credentials, your executor can't recover them. Cryptocurrency in a self-custody wallet is permanently lost if the seed phrase is inaccessible. Create a digital asset register (separate from the will) and store it securely alongside your will documents.

How is writing a will different in Scotland?

Scotland requires only one witness (not two), and handwritten wills need no witness at all. More importantly, Scottish law gives spouses, civil partners, and children automatic legal rights (legitim) to a share of the moveable estate that cannot be excluded — meaning you cannot fully disinherit immediate family in Scotland.

What is a letter of wishes and do I need one?

A letter of wishes is a personal document that accompanies your will, covering things the formal will can't: personal messages, guidance on sentimental items, pet care preferences, and reasons for your decisions. It's not enforceable but most executors follow it. Unlike the will, it can be updated at any time without witnesses.

Related: How to Write a Will UK — Complete 2026 Guide | What Happens If You Die Without a Will — Intestacy Rules | Executor's Guide — What to Do When Someone Dies