Last Words That Matter: What to Include in Your Will

Drafting a Will is rarely straightforward. It’s often a balancing act between ensuring your estate is passed on to loved ones, addressing more complex tax or trust arrangements, and expressing personal wishes—from who should look after your pets to how your children are raised. But not everything you want to say is legally binding, and not everything should be included in the will itself.

So, what exactly can you say in your will, and what belongs elsewhere?

Legally binding vs. personal guidance

Your will is a legal document. It sets out who gets what and who manages your estate. But it’s not the place for every instruction or opinion. For more personal or emotional expressions, or guidance that doesn’t carry legal weight, a letter of wishes can accompany the will.

Let’s look at the main components:

1. Funeral wishes

It’s common to include funeral wishes in a will—whether you prefer burial or cremation or have specific ideas about the ceremony. But these are not legally binding. Your executors aren’t required to follow them, though most do out of respect. Including them in your will can help prevent disputes and offer clarity during a difficult time.

2. Your pets

Like it or not, the law considers pets to be personal property. This means you can leave your pets to specific people. However, you cannot leave a gift directly to your pet.

You can leave the person you name to look after your beloved pet a financial gift either as a gesture of thanks or to assist them in caring for your pet, or both. The gift can be conditional on that person agreeing to look after your pet. However, it is not possible to monitor how the gift is used or how well the animal is looked after. Ultimately, you are placing trust in their goodwill, not signing a contract.

Alternatively, it is possible to create a trust for the care and maintenance of your pet, but this must be framed in a specific way in your will to remain valid. Therefore, it is important legal advice is sought when considering this option.

Ultimately, talking to the person you would like to have your pet before finalising your will is often key to ensuring your wishes are followed.

Read more on pets in wills.

3. Your children

If you have children under 18, you can include who you would like to be appointed legal guardians in the event of your death. However, your wishes are not legally binding, as it will ultimately be up to the Court to decide what is in the best interests of the child at the relevant time. Nevertheless, including your wishes can provide a Court with key information as to your wishes, which can be particularly important in blended families, where assumptions about care arrangements may not reflect the practical realities or family dynamics involved.

4. Your executors

Your executors are the people who’ll carry out the instructions in your will. They’ll deal with everything from selling property to handling paperwork, and they have a legal duty to act in the best interests of your beneficiaries.

For this role, it’s important to choose people you trust, who are capable of managing potentially complex tasks. This can be friends, family, or professionals—or a combination.

5. Trusts and trustees

Trusts in Wills are often used for tax planning, to protect assets, or to control when and how beneficiaries inherit. For example, you might want your children to inherit later than age 18, or in stages.

While your will sets up the trust and names the trustees, much of the practical guidance, such as how the trust should be run or when money should be distributed is usually set out within a letter of wishes.

6. Letter of wishes

This is where your voice can really be heard. A letter of wishes is a private document that sits alongside your will. It is not legally binding, but it can be deeply influential, especially for trustees and executors who need guidance in carrying out your broader intentions.

You may wish to include:

• Guidance for trustees on when beneficiaries should receive funds (e.g., after university, buying a first home etc).
• Thoughts about how your children should be raised, or values you hope they inherit.
• Your views on relationships, lifestyles, or even philosophical or political beliefs.

It can also explain the reasoning behind decisions in your will—why one child may inherit more, or why a family heirloom goes to a specific person. This can help reduce misunderstandings, resentment or disputes arising.

Unlike your will, a letter of wishes is not made public after your death, allowing you to be more candid and personal. Although this does not mean it will never be seen by loved ones.

Final thoughts

When approaching this topic, always seek professional advice. A well-structured will and a carefully drafted letter of wishes can reduce the risk of confusion, conflict, and costly errors and make things significantly easier for the people you leave behind.