What Not to Put in a Will

Q: Can I leave something to a witness of my will?

Generally no. Gov.uk states that you cannot leave your witnesses, or their married partners, anything in your will (gov.uk, as at July 2026, subject to change). The will itself can remain valid, but the gift to that witness or their spouse can fail. A common approach is to use two independent adult witnesses who inherit nothing under the will.

Assets that pass outside your will

Some of the most valuable things people own never pass under a will at all, so naming them can mislead your family and cause conflict. Jointly owned property held as joint tenants, most pensions and death-in-service benefits, and payouts written in trust all pass by their own rules, separate from the will. Directing them in the will does not override those arrangements.

Jointly owned property held as joint tenants. It passes automatically to the surviving owner by survivorship, outside the will and outside probate (gov.uk, as at July 2026).

Pensions and death-in-service benefits. Many are paid at the discretion of the scheme trustees, guided by a nomination or expression-of-wishes form held by the provider, not by the will. Keeping that nomination current with the scheme generally matters more than any wording in the will.

Life policies written in trust. A policy written in trust pays the named beneficiaries directly, so a contrary instruction in the will has no effect on it.

Joint bank accounts. These usually pass to the surviving account holder automatically.

Because these assets follow their own path, many people keep the will focused on what it can actually control and keep pension and policy nominations up to date separately.

Gifts to the people who witness your will

Do not leave anything to a person who witnesses your will, or to that witness's married partner. Under the rules for a valid will in England and Wales, a gift to a witness or their spouse or civil partner generally fails, even though the will itself can stay valid. Gov.uk states plainly that "you cannot leave your witnesses (or their married partners) anything in your will" (gov.uk, as at July 2026).

This catches families out where a beneficiary, or their husband or wife, is asked to witness the signing to save time. It is often also avoided to have an executor act as a witness. A common approach is to use two independent adult witnesses who take nothing under the will.

Funeral wishes and passwords

Funeral wishes can be mentioned in a will, but they are not legally binding on your executors, and a will is often read after the funeral has already taken place. For that reason many people record funeral preferences in a separate letter of wishes shared with family, rather than relying on the will to carry them out in time.

Detailed funeral instructions. Not binding, and often read too late to be followed. A letter of wishes reaches family sooner.

Passwords and PINs. A will becomes a public document once probate is granted, so listing passwords, bank PINs or account logins in it can expose them. These are better held securely and separately.

Everyday reasons and messages. Long personal explanations can invite challenge; a private letter of wishes is generally a safer place for them.

A worked example (illustration only). Say a father asks his adult daughter, a beneficiary under the will, to act as one of the two witnesses when he signs. The will is signed correctly and stays valid, but because she witnessed it, her gift can fail, so she may receive nothing while the rest of the will takes effect. Had two neighbours who inherit nothing witnessed it instead, her gift would have been unaffected. This shows why gifts and witnesses are kept apart. Every will is different, so this is general information rather than a view on any particular will.

Conditions and open-ended instructions

Conditions attached to a gift can be lawful, but some do not belong in a will because they are unclear, impractical, or contrary to law and public policy. A condition a court will not enforce can leave a gift uncertain, which is exactly the confusion a will is meant to avoid. Instructions that need someone to keep acting for years after death, such as ongoing care of a person or a pet, sit awkwardly in a will and are often better handled through a trust or a separate arrangement.

Leaving money directly "to my dog" does not work either, because an animal cannot own property. One option some people consider is a gift to a named person together with a request that they care for the pet, or a suitable trust. Where conditions are important, it can be worth discussing them with a qualified professional before they are drafted.

Over-specific gifts that can date quickly

Being too precise can cause as many problems as being too vague. If a will leaves a named car, a specific bank account, or an exact list of items, and those things are sold, closed or replaced before death, the gift can fail or spark a dispute over what was meant. Naming individuals by a fixed sum can also exclude people who arrive later.

A named vehicle or item. If it is replaced and the will is not updated, other beneficiaries may question who inherits the replacement.
Fixed cash gifts to a named list. Splitting a set amount between named grandchildren can leave out any grandchildren born afterwards.
A specific account number. If the account is closed or merged, the intended gift may no longer exist.

Because circumstances change, many people use broader wording, such as a share of the estate rather than a single named asset, and review the will after major life events. Our guide on how to change a will explains how updates are made properly, and where both partners want matching terms, mirror wills are one arrangement some couples choose.

What goes in a will, and what goes elsewhere

A useful test is whether the will can actually control the thing you want to record. Assets that pass by survivorship or nomination, wishes that need to be acted on quickly, and sensitive data all tend to sit better outside the will. The table below sets out where common items usually belong.

Item	Belongs in the will?	Where it often sits instead
Who inherits your estate	Yes	The will
Executors and guardians for children	Yes	The will
Property held as joint tenants	No	Passes by survivorship
Pension and death-in-service benefits	No	Nomination held by the scheme
Life policy written in trust	No	Pays named beneficiaries direct
Funeral wishes	Optional, not binding	Letter of wishes
Passwords and PINs	No	Stored securely, separately
Gifts to a witness or their spouse	No, the gift can fail	Use independent witnesses

General guidance based on gov.uk/make-will, as at July 2026, subject to change.

Wills in Scotland and Northern Ireland

This guide describes the law of England and Wales. Scotland has its own succession law, including legal rights that can entitle a spouse and children to a fixed share of an estate whatever the will says, so certain instructions may not have the effect intended there. Northern Ireland has a separate but broadly similar system to England and Wales. If your estate touches more than one UK nation, it can be worth taking advice in each.

Frequently asked questions

What should you not include in a will?

Many people leave out assets that pass outside the will, such as property held as joint tenants, most pensions and life policies written in trust. Passwords, binding funeral instructions and gifts to a witness or their spouse are also generally kept out, because they can fail, cause delay, or expose sensitive information once the will becomes public at probate.

Can I leave something to a witness of my will?

Generally no. Gov.uk states that "you cannot leave your witnesses (or their married partners) anything in your will" (gov.uk, as at July 2026, subject to change). The will itself can remain valid, but the gift to that witness or their spouse can fail. A common approach is to use two independent adult witnesses who inherit nothing under the will.

Should funeral wishes go in a will?

They can be mentioned, but they are not legally binding on executors, and a will is often read only after the funeral. Because of that timing, many people record funeral preferences in a separate letter of wishes shared with close family, so the wishes are known in time. The will can still note that such a letter exists.

Can I include my pension in my will?

Usually the will does not control a pension. Many schemes pay at the discretion of the trustees, guided by a nomination or expression-of-wishes form the provider holds, so keeping that form up to date generally matters more than the will. Whether a pension can be directed at all depends on the scheme rules, which are worth checking with the provider.

Can I leave money to my pet in my will?

Not directly, because an animal cannot own property. One option some people consider is leaving a sum to a named person alongside a request that they care for the pet, or using a suitable trust. Because the arrangement needs to be workable and enforceable, it can be worth discussing with a qualified professional before it is drafted.

Does putting the wrong things in a will make it invalid?

Not always. Including an item the will cannot control, such as a jointly owned home, usually just has no effect on that asset rather than voiding the whole will. Certain problems, such as a gift to a witness, can make that particular gift fail while the will stands. Where there is doubt, many people have the wording checked by a qualified professional.

About Fairchild Oldfield

The Fairchild Oldfield team brings together estate planning, tax, independent financial advice and client care, working with families across England and Wales.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, tax or financial advice.

Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Figures and rules are current as at July 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, an accountant, or an FCA-authorised financial adviser, who can consider your individual circumstances.