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Find out more5 things not to put in your will – and what to do if you have
We explain which gifts can cause problems if included in your will
Holly specialises in pensions and retirement planning. She loves sharing retirees’ stories to help you prepare for life after work.
When we asked Which? members what prompted them to write their will, ensuring their estate is distributed in line with their wishes and making things simple for loved ones were the most common reasons.
But our survey also revealed that a significant minority have included gifts that can’t pass through their will.
If your will includes something it shouldn’t, it may not work as you intended and could lead to delays, disputes or challenges.
Here, we explore five things that can't pass through your will and explain what to do if your will contains something it shouldn’t.
1. Your pension
When we surveyed 991 Which? Connect members who currently have a will in October 2026, a quarter said they’ve included instructions for who should receive their pension.
But your pension provider or trustees ultimately decide who receives it, so including it in your will has no effect.
Instead, contact your pension provider and complete an expression of wishes form to let them know who you want to receive it.
While your pension provider has the final say, they will try to act in line with your interests. Having an up-to-date expression of wishes is the best way to ensure your pension is passed on in line with your wishes.
- Find out more: what happens to your pension when you die.
Pensions and inheritance tax
From April 2027, unused defined contributions pensions and lump sum benefits from defined benefit pensions will count towards your estate for inheritance tax purposes.
These changes won’t affect whether you can pass on your pensions in your will, so you still need to make sure your expression of wishes forms are up to date.
Your executor will be responsible for finding all your pensions, contacting providers for valuations and paying any inheritance tax that is due. It’s a good idea to compile a list of your pension schemes and policy numbers to make this easier.
- Find out more: six months until inheritance tax applies to pensions.
2. Jointly owned assets
Four in ten Which? Members with a will said theirs includes jointly owned assets.
But assets that are jointly owned (or 'jointly owned with a survivorship' in Scotland) will automatically pass to the surviving owner via the right of survivorship, meaning they can’t be passed on via your will.
The exception is if property is owned as tenants in common, or 'common property' in Scotland. In this case, each person owns a distinct share of the property, which they can pass on via their will. In Scotland, most joint property is held as common property.
The only other exception is a clear, documented understanding that there was no intention to share the jointly owned assets.
Which? lawyer James Buchan says that trying to leave jointly owned assets to someone else in your will can cause a world of problems. It could raise the question of whether you intended to share the assets or open the door to disputes.
3. Passwords and sensitive information
Once probate is granted (or confirmation in Scotland), your will becomes public record. That is why you should never include passwords or other sensitive information you wouldn’t want publicly available in your will.
You should also be careful about sharing passwords with your executor through other means.
The Law Society highlights that under the UK's Computer Misuse Act, it’s an offence to access an online account after someone’s death without authority from the service provider.
Instead, it recommends reviewing your accounts' terms of service to work out what you need to do to ensure your loved ones can access your account.
For example, Google, Apple and Meta all let you nominate people who can access your data after you’ve died.
- Find out more: how to pass on digital assets in your will.
Updating your will
Thankfully, only 6% of those in our survey said their will contains passwords/and or sensitive personal information.
But if your will contains information you don’t want made public, don't panic. You just need to follow the proper process for making changes.
Never alter the original document once it’s been signed and witnessed. If your will contains sensitive information, the safest way to ensure it doesn't become a matter of public record is to write a new will (including a clause that revokes all previous wills) and destroy your old will.
- Find out more: five mistakes not to make with your will.
4. Gifts to pets
Only a handful of people in our survey said they left gifts to pets in their will (1%), but animals can’t legally own money or property, so any gifts to them will automatically fail.
However, you can make provisions for your pets' care in your will.
Domesticated pets are treated as property under English and Welsh, Scottish and Northern Irish law, so you can include instructions for who you would like to look after them in your will.
It’s a good idea to discuss it with the person first and make sure they’re happy to take on the responsibility, as they won’t be legally obliged to look after your pet.
You can also gift that person a sum of money to help cover the costs, although you can’t mandate that it's used for the animal.
5. Gifts with complicated conditions attached
It’s quite common to make a gift dependent on, say, your beneficiary reaching the age of 18.
But giving gifts with more complex strings attached can cause problems.
If the conditions are too vague, impossible to fulfil, or require the beneficiary to do something illegal, the gift could fail. If you want more control over when and how someone receives an inheritance, you could consider setting up a trust in your will. However, trusts can be complicated, so it's worth seeking professional advice.
Buchan also cautions against including gifts of £0 or making statements as to why someone’s not been included in a will – for example, if there’s been a fallout:
‘Remember, a will is intended to deal with what you want to happen to your assets, not what you don't.
‘If your will is proved, or if there is a challenge, your will becomes a public document. It’s best to make a note of your wishes in a separate letter of wishes, keeping it factual and free from emotion.’
Should you include funeral plans in your will?
You can include funeral wishes in a will, but be aware they’re not legally binding.
Timing is also an issue, as your will may not be read until after your funeral plans are in place. For these reasons, it’s a good idea to discuss your wishes with your executor and loved ones.
- Find out more: should you buy a funeral plan?
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Join Which? MoneyWhat to do if your will contains something it shouldn't
Which? lawyer, James Buchan, says:
'Check your will, and make sure anything specific that you have included can legally pass via your will. I would always say if an asset can't be dealt with via the will, it shouldn't be included.
'If your will includes something that it doesn’t govern – such as your pension or a life insurance policy – the first step is to speak with the relevant organisation to find out how the asset should be dealt with, and make sure you have the correct documentation in place.
'You should then ideally make a new will to remove any defective gifts, or at the very least make a note and place it alongside (but not attached to) the will explaining what you have done.'
- Find out more: how to make a will.
Our research: Which? surveyed 1,099 members of the Which? Connect panel, of which 991 currently have a will. We collected data online in October 2026.
This article uses insights from the Which? Connect panel, collected from research activities with our members. Find out how to get involved
