In the second part of our series on key factors people don’t consider when making a Will, Talita Fantauzzi, Solicitor in our Wills and Probate team at our Nottingham office discusses the often-forgotten details that ensure your Will actually works in the real world.
Funeral wishes: what you can and can’t control
Funeral wishes are one of the most personal elements of a Will, but few clients realise that funeral wishes are not legally binding.
Your executors make the final decision about your funeral.
This means it’s important to:
- Choose executors who understand your preferences
- Tell your family your wishes
- Share your funeral plan (if you have one)
If you have a prepaid plan, your solicitor can record the plan number and store a copy.
Choosing the right executors
Executors have one of the most demanding roles in estate administration. Choosing the right people can prevent delays, disputes, and unnecessary stress.
How many executors should you appoint?
Ideally:
- At least two, but
- You can legally appoint up to four executors (this is the maximum number permitted to act at the same time)
Should they be professionals?
You can appoint:
- Family members or friends
- Professional executors
- A combination
If you appoint professional executors, be aware they will charge fees for acting. Alternatively, a lay executor can hire solicitors as needed, usually at lower cost.
Location matters
Executors living abroad can create practical and legal complications, especially with probate. Someone local is usually the best choice.
Foreign assets and foreign wills
If you own property or have bank accounts abroad, you may need a Will in the country where those assets are located.
Key considerations:
- Your English Will must not accidentally revoke a foreign Will
- Foreign laws may override your wishes
If you have international connections, tell your solicitor. They’ll ensure everything fits together correctly.
Residence (formerly “domicile”) and why it matters
You can be:
- Resident in one country for tax
- Treated as resident in another for interpreting your Will
This can affect:
- Inheritance tax
- How your assets are distributed
- Which legal rules apply
If you’ve lived abroad, have dual nationality, or plan to retire overseas, specialist advice is essential.
Ensuring personal items reach the right people
Disputes over sentimental items are more common than many expect.
Your Will can:
- Identify specific items
- State who should receive them
- Explain who covers delivery or transportation costs
A clear list prevents confusion later.
Why precise wording matters more than people think
Small wording differences can have major consequences.
Examples:
- “My assets in England and Wales” vs
“My assets in the British Islands” - “Children” vs
“Issue” vs
“Stepchildren”
Discussing your personal circumstances fully with your solicitor ensures your Will reflects your intentions accurately.
A well-crafted Will considers not just who should inherit, but how your wishes will be carried out in practice. The details matter and getting them right saves your executors and your loved ones considerable stress.
If you’d like support reviewing your Will or planning ahead, contact our Wills and Probate team on 03456 465 465 or email enquiries@rotherabray.co.uk
Read part one of this series here: Major life events that can impact your Will
Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice, please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers.
