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What to Include in Your Will (Complete UK Checklist 2025)

· 24 min

Note: The following scenario is fictional and used for illustration.

Emma spent three hours researching what to include in her will. She made lists, checked government websites, and read half a dozen articles. When she finally sat down to write it, she still worried she'd forgotten something crucial. What about her digital photos? Should she include funeral wishes? Did she need to list every bank account individually?

She's not alone. Research from Solicitors for the Elderly shows that 70% of UK parents have no legal guardian in place to care for their children—a critical omission that can cause serious problems for families. The anxiety of "What if I miss something important?" stops many people from completing their wills at all.

This comprehensive checklist covers every element your UK will should include—from the legal essentials to the often-forgotten details like digital assets and pet care. Whether you're writing your first will or updating an existing one, you'll have a complete roadmap of exactly what to include and why it matters.

Table of Contents

Before we explore what you might want in your will, let's start with what the law requires.

Under the Wills Act 1837, your will must meet specific formal requirements to be legally valid. Miss any of these, and your entire will could be declared invalid—meaning your estate would be distributed according to intestacy rules instead of your wishes. Understanding what makes a will invalid helps you avoid these costly mistakes.

Your will must include:

  1. Your full legal name and permanent address- Exactly as they appear on official documents like your passport or driving licence
  2. A clear statement that this document is your last will and testament, which revokes all previous wills and codicils
  3. The date the will was created
  4. Your signature- You must sign (or acknowledge your signature) in the presence of two witnesses who are both present at the same time
  5. Two witnesses' signatures- Each witness must be 18 or over, watch you sign, and then sign the will themselves in your presence
  6. Witnesses' full names and addresses- This helps prove the will was properly executed

The witness requirements are particularly important. Your witnesses cannot be beneficiaries in your will, and they cannot be married to or in a civil partnership with anyone who benefits. If they are, their gift (or their spouse's gift) becomes void.

What happens without these elements?

Your will fails. Emma discovered this when she witnessed her mother's will alongside her brother. Because both witnesses were beneficiaries, the entire will was invalid. The family had to go through probate under intestacy rules, which distributed the estate differently from their mother's wishes.

The Law Commission published recommendations in May 2025 to modernize the 187-year-old Wills Act, including provisions for electronic wills and reducing the minimum age from 18 to 16. However, these reforms haven't yet become law—for now, paper wills with proper signatures remain the legal standard.

Executors - The People Who'll Carry Out Your Wishes

Your executors are the people who'll administer your estate after you die. They'll collect your assets, pay your debts and taxes, and distribute what remains according to your will.

Yet research shows that choosing executors is the biggest challenge for 56.8% of people when making a will—more than any other decision. Special considerations apply for unmarried partners and blended families.

What executors do:

  • Apply for probate (the legal right to administer your estate)
  • Identify and secure all your assets
  • Pay debts, taxes, and funeral expenses
  • Distribute assets to beneficiaries according to principles of fair distribution
  • Handle any disputes or challenges

How many executors should you appoint?

You need at least one, but the Law Society recommends appointing two to four. This provides backup if one executor dies before you or can't serve when the time comes.

David appointed only his brother as executor. When his brother died six months before David, the will had no executor. David's family had to apply to the court to appoint one—delaying probate by four months and costing the estate £2,800 in legal fees.

Who can be an executor?

  • Anyone aged 18 or over
  • They don't have to be UK residents (though it makes the process easier)
  • Professional executors (solicitors or banks) can be appointed, usually for a fee
  • Executors can also be beneficiaries—many people appoint their spouse as both

What information to include about your executors:

  • Full legal names
  • Current addresses
  • Relationship to you (spouse, sibling, friend, solicitor)
  • Contact information (helpful but not legally required)

Substitute executors:

Include backup choices in case your first-choice executors can't serve. "If my husband John Smith predeceases me or is unable to act, I appoint my sister Sarah Jones as substitute executor."

For more details about the executor role, see our guide on what executors do.

Guardians for Your Children (If You Have Dependents Under 18)

If you're a parent of children under 18, appointing guardians is arguably the most important part of your will.

Research shows that 70% of UK parents have no legal guardian named in their will. When both parents die without naming guardians, the courts decide who raises the children—a process that can take months.

What guardians do:

If both parents die while children are under 18, guardians gain full parental responsibility under Section 5 of the Children Act 1989. They make decisions about education, healthcare, religion, and daily care.

Who can be a guardian?

  • Must be 18 or over
  • Should be willing to take on the responsibility (discuss with them first!)
  • Should share your values and parenting philosophy
  • Can be individuals or married couples
  • Can be family members or close friends

When Sarah died at 34 with no guardian named, her parents (both over 70) and her partner fought a nine-month court battle over custody of her two children, ages 3 and 6. The children went into temporary foster care during the dispute. The emotional trauma could have been avoided with a single paragraph in Sarah's will.

What information to include:

  • Full names and addresses of your chosen guardians
  • Relationship to your children
  • Whether guardians are appointed jointly (both must agree on decisions) or separately (either can act alone)
  • Substitute guardians if your first choice can't serve

Important considerations:

  • You can appoint different guardians for different children if circumstances warrant it
  • Guardianship is separate from inheriting money—guardians don't automatically get access to children's inheritance
  • Consider financial provisions for guardians (see Section 7 on trusts)

For detailed guidance on this crucial decision, see the guardians section above.

Your Estate - What You Own and What You Owe

Your estate is everything you own minus everything you owe. You don't need to list every single possession with exact values, but you should document your major assets and any significant debts.

Why list your assets? It helps your executors find everything, prevents assets from being lost or forgotten, and gives a clear picture of what needs to be distributed.

James listed his house (£340,000), savings (£25,000), and car (£8,000) but forgot about his £40,000 pension fund and £15,000 in premium bonds. His executors spent 18 months tracking down these "hidden" assets after he died. They only discovered the premium bonds when a notification arrived 14 months after his death.

Asset categories to document: 1. Property and land

  • Your primary residence
  • Buy-to-let properties
  • Holiday homes
  • Land or plots
  • Timeshares
  • Commercial property

2. Financial assets

  • Bank accounts (current and savings)
  • ISAs and investment accounts
  • Premium bonds
  • Stocks, shares, and bonds
  • National Savings Certificates

3. Insurance policies

  • Life insurance with lump sum payment on death
  • Note: Some policies pay directly to named beneficiaries and pass outside your will—check with your provider

4. Pensions

  • Some pensions pass outside your will via nomination forms
  • Others form part of your estate
  • Check with each pension provider about their specific rules

5. Business interests

  • Company shares
  • Partnership interests
  • Sole trader assets and goodwill
  • Note: Complex business succession may need professional advice beyond a basic will

6. Personal possessions

  • Vehicles (cars, motorcycles, boats)
  • Jewellery and watches
  • Art, antiques, and collections
  • Furniture and household contents
  • Musical instruments or valuable equipment

7. Digital assets

(covered in detail in Section 8)

Liabilities to document:

  • Mortgages on properties
  • Personal loans
  • Credit card debts
  • Business debts
  • Outstanding bills

Debts are paid from your estate before anything is distributed to beneficiaries. If debts exceed assets, your estate is insolvent, and different rules apply.

Important clarification:

For straightforward estates, you don't need to list every spoon and plate. General categories work fine. Only mention specific items if you're leaving them to specific people ("my diamond engagement ring to my daughter Emily").

Beneficiaries - Who Gets What

Beneficiaries are the people (or organizations) who'll receive from your estate. Naming them clearly prevents confusion, delays, and disputes.

Rachel left "£20,000 to my cousin Michael" without specifying which Michael—she had three cousins named Michael. Her executors had to apply to court for clarification, costing the estate £3,500 in legal fees and delaying distribution by seven months.

What information to include about beneficiaries:

  • Full legal names (as they appear on birth certificates or passports)
  • Current addresses
  • Relationship to you
  • For charities: Full registered name, address, and charity number

Types of gifts you can make: 1. Specific bequests

  • Particular items to specific people
  • Example: "I leave my diamond ring to my daughter Sarah Jones"
  • Example: "I leave my 2019 BMW X3 registration AB19 XYZ to my son Thomas"

2. Pecuniary bequests

  • Fixed cash amounts
  • Example: "I leave £5,000 to my nephew Tom Williams"
  • Example: "I leave £10,000 to Cancer Research UK, charity number 1089464"

3. Residuary estate

  • Everything left after debts, expenses, and specific gifts (see next section for detail)
Gift Type Description Example When to Use Important Note
Specific bequest A particular item "My Rolex watch to my son" Sentimental items, valuable pieces Item must still be owned at death
Pecuniary bequest Fixed cash amount "£5,000 to my niece" Clear, specific gifts Value doesn't adjust with inflation
Residuary estate Everything remaining "Residue split 50/50 to my children" The bulk of most estates Adapts to total estate value

Substitution clauses:

What happens if a beneficiary dies before you? Include substitution clauses to name alternatives.

Example: "I leave £10,000 to my sister Jane Wilson, but if she predeceases me, this gift passes to her children in equal shares."

Multiple beneficiaries:

Be clear about how gifts should be divided.

  • "In equal shares" means they get exactly the same amount
  • Percentages also work: "60% to my spouse, 40% to my children in equal shares"

Can executors be beneficiaries?

Absolutely. Most people leave their estate to their spouse and also appoint them as executor. There's no conflict—in fact, it's very common.

The Residuary Estate - The Most Important Part

The residuary estate is everything remaining in your estate after:

  • All debts and liabilities are paid
  • Funeral expenses are paid
  • Inheritance tax is paid
  • All specific and pecuniary gifts are distributed

This is typically the largest part of your estate—your house, remaining savings, and investments usually form the residue.

Without a residuary clause, you risk partial intestacy. Tom left specific gifts totaling £50,000 but forgot to include a residuary clause. When he died, his estate was worth £400,000. The remaining £350,000 went according to intestacy rules instead of his wishes—his ex-wife's children from a previous marriage inherited instead of his new partner.

How to structure your residuary clause: For a single residuary beneficiary:

"I give the residue of my estate to my husband, John David Smith."

For multiple residuary beneficiaries:

"I give the residue of my estate as follows:

  • 50% to my spouse, Jane Elizabeth Brown
  • 25% to my son, Thomas Brown
  • 25% to my daughter, Emily Brown"

With substitution:

"I give the residue of my estate to my spouse, John David Smith. If he predeceases me, I give the residue to my children in equal shares."

Common pattern for married couples:

Many couples leave the residue to their spouse on first death, then to children on second death. This is called a "mirror will" arrangement.

Age restrictions for children:

If children inherit before age 18, the money is automatically held in trust until they reach 18 under UK law. You can specify an older age if you prefer (21, 25, or staged releases).

Lisa left £200,000 to her 16-year-old daughter with no trust provisions beyond the default age 18. Her daughter inherited the full amount at 18 and spent £150,000 in the first year on a car and holidays. Lisa's brother reflected: "She should have set it up so she got it in stages—25% at 21, the rest at 25."

The residuary clause catches everything you didn't specifically mention. It's your safety net, ensuring nothing is accidentally left undistributed. Never skip this section.

Trusts for Children or Vulnerable Beneficiaries

When you leave money or assets to children under 18 or vulnerable adults, you may want to set up a trust to control when and how they receive the inheritance.

Default position:

Under UK law, money left to under-18s is automatically held in trust until they reach 18. The trustees (usually your executors) manage the money and can use it for the child's education, maintenance, and welfare.

Custom trust ages:

You can specify a different age for inheritance—21, 25, 30, or staged releases at multiple ages.

Example: "My daughter Emily shall receive:

  • 50% at age 25
  • 50% at age 30"

Who are trustees?

Trustees manage the trust. They can be the same people as your executors, or you can appoint different trustees. They have legal duties to act in the beneficiary's best interests.

Trust powers:

Specify what trustees can use the money for before the beneficiary reaches the specified age:

  • Education (school fees, university costs, books)
  • Maintenance (living expenses, housing, food)
  • Welfare (healthcare, essential needs)

Discretionary trusts:

Instead of fixed ages, you can give trustees discretion about when and how much beneficiaries receive. This is useful if you're concerned about a beneficiary's ability to manage money responsibly.

Example: "My trustees shall hold my estate on trust for my son Thomas, with power to advance capital at their absolute discretion, considering his needs, circumstances, and financial responsibility."

Vulnerable person trusts:

If you're leaving money to someone who can't manage their own affairs due to disability or mental capacity issues, specialist trusts can protect their interests while preserving benefits eligibility.

Important note:

Complex trust structures—especially those involving inheritance tax planning, multiple generations, or significant assets—may need professional legal advice. WUHLD's service supports straightforward trusts (age-restricted releases to children). For complex discretionary trusts or tax planning trusts, we recommend consulting a solicitor.

Digital Assets - The Often-Forgotten Estate

In 2025, your digital estate matters as much as your physical one. Yet most people forget to include digital assets in their wills.

Digital assets include:

  • Social media accounts (Facebook, Instagram, LinkedIn, X)
  • Digital files and cloud storage (Google Drive, iCloud, Dropbox)
  • Email accounts and digital correspondence
  • Financial accounts (online banking, PayPal, investment platforms)
  • Cryptocurrency and digital wallets
  • Digital media (Kindle books, iTunes music, downloaded films)
  • Online businesses (websites, domain names, e-commerce accounts)
  • Subscription services (to cancel to prevent ongoing charges)

Around 12% of UK adults owned cryptocurrency in 2024, up from 4% in 2021. The Property (Digital Assets etc) Bill confirmed that digital holdings including cryptocurrency and NFTs are legally recognized as personal property—meaning they form part of your estate.

After Graham died, his family discovered he had £12,000 in Bitcoin, 15 years of family photos on Google Photos, and a Shopify store generating £2,000 per month. Because he'd left no digital access information, it took them 14 months and £6,500 in specialist recovery services to regain access—and they never recovered the Bitcoin.

What to include in your will:

  1. Appoint a digital executor- Can be the same person as your main executor, but should be tech-savvy and understand digital platforms

  2. List main accounts and locations- Don't include passwords in your will (it becomes public after probate), but list what digital assets exist and where

  3. Give instructions for each category: - Preserve (keep account active, download photos)

    • Transfer (move ownership to someone else)
    • Delete (close account, erase data)
    • Monetize (sell website, transfer business accounts)

  4. Reference a separate secure document- "A separate document containing passwords and access instructions is stored [location]"

Where to keep password information:

  • Password manager with designated heir access
  • Sealed envelope with solicitor or trusted person
  • Secure digital vault service
  • Bank safe deposit box

Important:

Never include passwords directly in your will. Wills become public documents after probate—anyone could access them.

Platform-specific policies:

Social media platforms have their own policies about deceased users' accounts. Facebook offers memorialization or deletion. Your executor may not automatically get access even with a death certificate. Providing clear instructions helps, but access isn't guaranteed.

For cryptocurrency holdings over £50,000 or complex digital businesses, consider specialist digital estate planning advice.

Funeral Wishes and Personal Requests

You can include funeral preferences in your will, but there's an important caveat: funeral wishes in wills are not legally binding, and wills are often read days or weeks after death—sometimes after the funeral has already taken place.

Patricia left detailed funeral wishes in her will requesting cremation and a woodland burial. Her will wasn't read until eight days after her death—by which time her children (who didn't know her wishes) had already arranged a traditional church burial. The executors couldn't reverse it.

Better approach:

Include basic funeral wishes in your will, but also:

  • Tell your family your wishes while you're alive
  • Write a letter of wishes (a separate document that accompanies your will)
  • Leave detailed instructions with your executor or next of kin

What funeral wishes can include:

  • Burial or cremation preference
  • Type of service (religious, secular, celebration of life)
  • Burial location (if you've pre-purchased a plot)
  • Preference for organ donation or body donation to medical science
  • Approximate budget for funeral costs

What NOT to put in your will:

Very specific details like particular songs, poems, readings, or flowers. These are better in a letter of wishes or told to family directly, as wills aren't usually read until after the funeral.

Pet care provisions: Pets are legally considered personal possessions, so you can gift them to someone in your will. But you should also provide financial support for their care to ensure they're properly cared for after you're gone.

Example: "I leave my dog Max to my sister Jane Wilson, together with £5,000 for his care and maintenance."

Include in your letter of wishes:

  • Daily routine and preferences
  • Veterinary information and medical history
  • Favorite foods, toys, and activities
  • Behavioral quirks or special needs

If you're concerned about what happens to your pet, the RSPCA offers a Home for Life scheme as a backup arrangement.

What NOT to Include in Your Will

Just as important as knowing what to include is understanding what should never go in your will.

Never include:

  1. Passwords or PINs- Wills become public documents after probate. Including passwords creates massive security risks. Use a separate secure document instead.

  2. Funeral instructions requiring immediate action- Wills aren't read quickly enough. Tell family directly or use a letter of wishes.

  3. Illegal requests- Anything contrary to UK law will be invalid and could create legal challenges to your entire will.

  4. Complex conditional gifts- "£10,000 to Sarah if she graduates university by age 25" creates ambiguity and can be challenged. Keep gifts straightforward.

  5. Joint property- Property owned as joint tenants automatically passes to the surviving owner regardless of what your will says. You can't give away your share.

  6. Pensions with nominated beneficiaries- Many pensions pass outside your will directly to the person you nominated with the pension provider. Check your pension paperwork.

  7. Life insurance with named beneficiaries- If your life insurance policy names specific beneficiaries, it pays directly to them, not through your estate.

  8. Lengthy explanations of why you made decisions- "I'm leaving nothing to my son because he never visits" can be used as evidence to challenge your will. Keep the will factual, not emotional.

  9. Business succession plans- Complex business transitions belong in shareholder agreements or separate business succession documents, not a basic will.

What to use instead:

Don't Include Use This Instead
Passwords and PINs Secure password manager with designated heir access
Urgent funeral instructions Tell family directly + letter of wishes
Complex trust arrangements Professional legal advice for tax planning
Detailed explanations Letter of wishes (stays private)
Business succession details Shareholder agreement or business will

Your will should be clear, straightforward, and legally sound. Keep it simple to reduce the risk of challenges.

Frequently Asked Questions

Do I need to list everything I own in my will?

No. For most estates, general categories work fine—"my house, savings, and personal possessions." Only list specific items if you're leaving them to specific people, like "my diamond ring to my daughter Sarah." Your residuary estate clause catches everything not specifically mentioned.

Can I include funeral wishes in my will?

Yes, but they're not legally binding, and wills are often read after funerals take place. Include basic preferences in your will, but tell your family your wishes directly and consider a letter of wishes for detailed instructions.

How many executors should I appoint?

You need at least one, but the Law Society recommends two to four. This provides backup if one executor dies before you or can't serve when needed. Executors can also be beneficiaries—many people appoint their spouse as both.

Can executors also be beneficiaries in my will?

Absolutely. It's very common for executors to be beneficiaries. Many people leave their estate to their spouse and also appoint them as executor. Executors cannot be witnesses to the will, but they can certainly benefit from it.

What happens to my digital photos and social media when I die?

They're part of your digital estate. Appoint a digital executor in your will and list what digital assets exist. Keep password information in a separate secure document (never in the will itself). Platform policies vary—some allow account transfer, others only offer memorialization or deletion.

What is a substitution clause and do I need one?

A substitution clause names a backup beneficiary if your first choice dies before you. Example: "I leave £10,000 to my sister Jane, but if she predeceases me, this gift passes to her children in equal shares." It's highly recommended to prevent gifts from failing.

Your Complete Will Checklist

You now have a complete understanding of what to include in your UK will. Here are the essential elements:

  • Legal requirements: Your full details, clear revocation statement, date, your signature with two independent witnesses
  • Executors: At least one (ideally 2-4) trusted people to administer your estate, with substitutes as backup
  • Guardians: For any children under 18—absolutely critical for parents to prevent court-appointed guardianship
  • Your estate: Property, savings, investments, business interests, and valuable personal possessions documented
  • Beneficiaries: Who receives what, with full names, addresses, and clear instructions for specific, pecuniary, and residuary gifts
  • Residuary estate clause: Essential catchall for everything remaining after debts and specific gifts—usually the largest portion of your estate
  • Trusts: If leaving money to children under 18 or vulnerable adults, specify ages and trustee powers
  • Digital assets: Cryptocurrency, online accounts, cloud storage, social media, and digital businesses with appointed digital executor
  • Funeral wishes and pet care: Basic preferences in will, detailed instructions in letter of wishes or told to family directly

The most important thing? Actually creating your will rather than putting it off because it feels overwhelming.

Research shows that 56% of UK adults don't have a will, often because they're unsure what to include or find the process daunting. But with this comprehensive checklist, you know exactly what your will needs.

WUHLD makes this checklist simple. Our guided online process walks you through every element on this list—from executors to digital assets—in just 15 minutes. You'll answer straightforward questions, and we'll ensure nothing critical is missed.

Preview your complete will free—no credit card required. See exactly what your will looks like with all these elements properly included. You only pay £99.99 when you're completely happy with it (compared to £650+ for a solicitor doing exactly the same work).

For just £99.99, you'll get:

  • Your complete, legally binding will covering all elements in this checklist
  • A 12-page Testator Guide explaining how to execute your will properly
  • A Witness Guide to give to your witnesses
  • A Complete Asset Inventory document to help organize your estate

Start your will now. Give your family the certainty and protection they deserve. Every element on this checklist, covered properly, in under 15 minutes.

Ready to Create Your Will?

WUHLD makes it simple to create a legally valid will online in just 15 minutes. Our guided process ensures your wishes are properly documented and your loved ones are protected.

Start creating your will now — it's quick, affordable, and backed by legal experts.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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