Top 5 things your Will could be missing

Writing a Will is one of the most important things you can do to protect your loved ones, yet it’s surprisingly easy to overlook key details. Many people assume a Will is straightforward, decide who gets what, sign it, and you’re done. But in reality, there are a number of significant details that can easily slip through the cracks.

At Backhouse Solicitors, we often see the same issues crop up time and again, small things that can cause delays, uncertainty, or even disputes if they’re missed. Taking a little extra care now can prevent big complications later.

Here are the top five things people commonly forget when preparing their Will.

Most people remember to name an executor, but far fewer think about who should step in if that person is unable to act. Life happens, illness, relocation or even a change in a relationship can make your first choice unable or unwilling to serve.

The same applies to beneficiaries. If someone you have named passes away before you or chooses not to inherit, you need a clear plan for who should receive their share. Without substitutes, your estate could end up going through unnecessary legal wrangling.

In today’s world, our lives exist just as much online as they do physically. Yet digital assets are one of the most overlooked areas in Will writing. This includes:

• Online banking and investment accounts
• Social media profiles
• Cloud storage and photographs
• Online subscriptions
• Cryptocurrency

Having a list of your digital assets with clear instructions on what should happen to them can save your family time, stress and confusion.

People often focus on property, savings, and investments, but the smaller items can cause the biggest disagreements. Jewellery, family heirlooms, artwork, or even a favourite piece of furniture often hold tremendous emotional value.

Setting out who should receive these personal items avoids conflict and ensures treasured belongings go into the right hands.

If you have young children, naming a guardian is essential, and it’s one of the most important decisions your Will can record. Without a written appointment, the choice of who cares for your children is left to the courts, and while they will always act in the child’s best interests, their decision may not align with your wishes or your family’s expectations.

Many parents are surprised to learn that a verbal agreement with a friend or family member isn’t enough. A legally documented guardianship appointment gives clarity, prevents disputes between relatives, and ensures your children are cared for by someone you trust. It’s also an opportunity to outline any preferences around upbringing, education, or living arrangements, and give guidance to your chosen guardian at a time when they may need it most.

Similarly, pets are considered part of the family for many people. Including instructions for their care can provide great peace of mind.

A Will isn’t a one-and-done document. Major life changes such as marriage, divorce, buying property, having children, or receiving an inheritance should always trigger a review. An outdated Will can be just as problematic as having no will at all.

If you’d like support with creating or updating your Will, Backhouse Solicitors can help you make sure nothing is missed. Contact our friendly team and book a free 30-minute appointment.

Tel:      01245 893400 | 01702 410880
Email: info@backhouse-solicitors.co.uk
Visit our Chelmsford office: 17 Duke Street, Chelmsford, Essex, CM1 1JU
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