Caroline Foulger outlines common will-writing mistakes to avoid in Saga
Caroline’s comments were published in Saga, 29 October 2025, and can be seen here.
Caroline Foulger, Partner in our Private Client department, explains that while a will is a vital legal tool, it is equally important to understand what should be left out of it.
She emphasises that including the wrong items can lead to confusion, delays, or even disputes among loved ones. For example, Caroline advises against mentioning funeral arrangements in a will, as it is often read too late to be useful. Instead, she recommends writing a separate letter to your executors to outline your wishes clearly and in good time.
Caroline explains that gifts to vulnerable individuals or those with conditions attached can create unintended consequences. Leaving money directly to someone with disabilities may affect their entitlement to benefits, so she suggests using a vulnerable person’s trust to protect their interests. She also cautions against conditional gifts, such as those based on marriage or lifestyle choices, which can be legally challenged and cause family tension. Caroline encourages clients to seek professional advice to ensure their intentions are honoured without creating unnecessary complications.
Caroline highlights that certain assets should not be included in a will, as they are governed by separate rules. Pensions, for instance, should be directed through nomination forms with the provider, not through the will. She also warns against trying to gift jointly owned property or items under finance agreements, as these cannot be passed on through a will. Caroline recommends using general terms like “surviving children” to avoid issues with outdated or overly specific details.
Finally, Caroline explains that sensitive information and business interests require careful handling outside of the will. Since wills become public documents after probate, she advises against including passwords or digital access details, which should be stored securely elsewhere. For business owners, Caroline stresses the importance of having a succession plan in place, as simply passing on shares in a will may not be enough. She encourages clients to use trusts or shareholder agreements to ensure their wishes are respected and their families are protected.
Read the full article on the Saga website [external link].