What to Include in a Will UK: Complete Checklist (2026)
Every element your will needs — from the essential clauses without which it fails, to the optional provisions that protect against edge cases.
Essential — your will is invalid without these
Revocation clause
"I revoke all former wills and testamentary dispositions made by me." This prevents two conflicting wills from causing disputes.
Your full legal name and address
Use the name exactly as it appears on official documents.
Executor appointment (at least one)
The person responsible for administering your estate. Name a substitute in case they predecease you or are unable to act.
Residuary clause
Who inherits everything not covered by specific gifts. Without this, assets become 'undisposed of' and fall under intestacy rules.
Your signature, date, and place
Signed in the presence of both witnesses at the same time.
Two witness signatures
Not beneficiaries, not married to beneficiaries. Both must be present when you sign.
Highly recommended
Substitute beneficiaries
If your main beneficiary dies before you, who inherits instead? Without this, that share could pass under intestacy.
Substitute executor
If your primary executor cannot act, a substitute steps in without needing a court application.
Guardian appointment (if children under 18)
Only you and your partner can legally appoint who cares for your children. Without a will, a court decides.
Trust provisions for minor beneficiaries
Children cannot inherit directly until 18. Specify at what age they receive the money (18, 21, or 25 are common).
Specific gifts and legacies
Named items to specific people — cash sums, jewellery, personal possessions. Be precise about descriptions.
Optional but useful
Charitable legacies
A gift of 10%+ of your estate to charity reduces the IHT rate from 40% to 36%.
Funeral wishes
Not legally binding, but expresses preferences. Keep them brief — more detail belongs in a separate Funeral Wishes Planner.
Digital asset instructions
General direction (not passwords/seed phrases) for handling cryptocurrency, social media accounts, and online assets.
Exclusion clause
An explicit statement excluding someone, with a letter of wishes explaining why, reduces the risk of a successful legal challenge.
Survivorship clause
Requires a beneficiary to survive you by a set period (usually 28–30 days) to inherit. Prevents assets passing twice in rapid succession if both spouses die in the same accident.
The residuary clause: why most problems start here
The residuary clause is the most important part of your will. It covers your “residuary estate” — everything left after specific gifts, debts, funeral expenses, legal costs, and inheritance tax are paid.
A poorly drafted residuary clause — or the absence of one — means assets can accidentally fall outside your will and pass under the intestacy rules. This is especially problematic when:
- You acquire new assets after writing the will (a new bank account, an inheritance, a car)
- A specific gift fails (the item no longer exists, or the beneficiary dies before you)
- You change your mind about specific gifts but forget to update the will
The residuary clause acts as the “catch-all”. It should always name a substitute residuary beneficiary in case the primary beneficiary dies before you.
What NOT to include in your will
Some things should not be in your will — either because they don't work legally, or because they are better handled elsewhere:
- Pension funds: Pensions don't pass through your will. They are controlled by a nomination form held by the pension provider. Keep your expression of wishes up to date separately.
- Joint tenancy property: If you hold property as joint tenants, it passes automatically to the surviving co-owner on death — the will cannot override this. (Tenants in common is different — the deceased's share passes via the will.)
- Life insurance with named beneficiaries: If the policy has a named beneficiary or is in trust, it pays directly and does not pass through the will.
- Account passwords and security credentials: Never include these in the will — it becomes a public document at probate. Use a Digital Legacy Inventory instead.
- Conditional gifts that punish beneficiaries: Courts may void conditions that are impossible, illegal, or contrary to public policy (e.g. “only if they divorce their husband”).
Stepchildren and other common gaps
The phrase “my children” in a will includes biological children and legally adopted children — but NOT stepchildren. If you want stepchildren to inherit, name them explicitly by full name.
Similarly, “my spouse” refers to the person you are legally married to at the time of your death. If you are separated but not divorced, your estranged spouse is still your legal spouse.
Frequently asked questions
What is a residuary clause and why is it essential?▼
Do I need to list every asset in my will?▼
What happens if I don't name substitute beneficiaries?▼
Should funeral wishes be included in a will?▼
Can I exclude someone from my will?▼
Can I include cryptocurrency and digital assets in my will?▼
What is a letter of wishes and is it part of the will?▼
Every clause in the checklist — included in your WillSafe kit
WillSafe UK will kits include all essential clauses pre-drafted, with guidance notes explaining every section. From £39.99. Complete in under 30 minutes.
Get your will kitRelated articles
How to write a will UK: step-by-step guide
The full 7-step process from start to signed
What is a residuary estate UK?
Why this clause is the most important part of your will
How to appoint a guardian for your children
The legal requirements under the Children Act 1989
Letter of wishes UK: what it is and why you need one
Non-binding guidance for your executors
This article is for general information only and does not constitute legal advice. Laws described apply to England and Wales. Consult a solicitor for complex estates. Correct as of May 2026.