Five key will oversights are costing families thousands in legal fees and sparking bitter inheritance disputes every year, says Stephanie Hutton, Partner at Jones Whyte Law.
A huge number of Brits write wills without including critical elements that protect both assets and loved ones after death.
These common mistakes force grieving relatives to shell out thousands on unnecessary legal fees sorting out problems that simple planning would have completely avoided.
Digital assets are among the most frequently forgotten items. People frequently forget to include provisions for their digital assets,” she said. “Email accounts, social media profiles, cryptocurrency, and online banking information require specific instructions.
Families face major hurdles trying to access or close these accounts without proper documentation. I have seen valuable digital assets completely lost to relatives who had no legal right to recover them.
Many don’t realise that some digital assets have significant monetary value, while others hold sentimental importance like family photos stored in cloud accounts.
Pets are also among the commonly forgotten will items. Pet owners consistently overlook making arrangements for their animals. Yet, without specific provisions, beloved pets might end up in shelters or with reluctant family members.
She advises clients to name specific guardians for pets and allocate money for their care. This ensures animals receive proper attention following their owner’s death rather than becoming an unwanted burden.
But it is personal belongings with emotional significance or sentimental value, rather than monetary value, cause the most family disputes. Jewellery, furniture, or collections that hold emotional significance often spark conflicts.
Create a separate letter of wishes, listing who should receive specific items. This approach works best because the letter can be updated without changing the entire will whenever gift preferences change.
Funeral wishes also frequently go unrecorded. Many assume their funeral preferences will be honoured without documentation. This leaves families guessing about burial versus cremation, religious ceremonies, or specific songs.
Her advice includes detailed funeral instructions either within the will or in a separate document. This spares relatives additional stress during their time of grief when they are already making difficult decisions.
The biggest oversight is failing to include backup beneficiaries if primary recipients die before the testator. This omission can result in partial intestacy, where some assets follow intestacy rules rather than the deceased’s wishes.
Naming alternative beneficiaries and executors ensures the will stays effective regardless of unexpected circumstances such as beneficiaries dying first.
According to a House of Commons Library research briefing, probate applications cost £155 if made by a professional practitioner and £215 if made by an individual personally. These fees apply to estates worth £5,000 or more.
Good planning saves grieving families from these extra costs at an already difficult time in their lives.
A recent government consultation on will storage highlighted how vital proper documentation is, noting that wills are “very important and personal documents” that outline someone’s wishes for how their property and assets get distributed after death.
The consultation, which ended in February 2024, suggested moving to digital-only preservation of wills, while keeping originals for a limited time period.
Check wills every three to five years or after major life events like marriage, divorce, or having children to make sure all important elements are included and up to date.
A comprehensive will provides clear instructions and peace of mind for your loved ones. The small effort required now prevents significant complications later.
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