What does a will not cover?

Does a will control a jointly owned home?

Only if you own your share as a tenant in common. GOV.UK's joint property ownership guide says joint tenants cannot pass on their ownership in a will: the property automatically goes to the other owners. Tenants in common can leave their share in a will. HM Land Registry cannot always confirm which applies from the register, so check your purchase documents before making promises about the home. Our guide to joint tenants vs tenants in common explains how to check and how severance works. Do not change ownership simply to fit a will template.

What about joint bank accounts?

GOV.UK's probate guidance says money owned with others automatically passes to the surviving owners unless they have agreed otherwise. The deceased's share still counts when the estate is valued for inheritance tax. See bank accounts after a death.

What about pensions and life cover?

Pension schemes pay death benefits under their own rules. GOV.UK says the person who died will usually have nominated who should receive their pension pot, but the provider can sometimes pay someone else. Life cover written in trust is paid to the trust's beneficiaries; cover that is not in trust is paid into your estate. Your will cannot override a nomination or a policy trust. For deaths on or after 6 April 2027, most unused pension funds and death benefits will also count towards the estate for inheritance tax under the Finance Act 2026. The full picture is on life insurance, pensions and your will.

Can a will help if you lose capacity?

No. A will only takes effect when you die. A lasting power of attorney is the separate document that appoints people to make decisions about your property and finances, or your health and welfare, if you cannot. See GOV.UK's lasting power of attorney guidance.

Can a will protect assets from care home fees?

Not your own assets during your lifetime. Councils assess what you own while you are alive, and a will changes nothing until your death. What a will can do is decide how your assets pass after you die, which can affect what a surviving partner owns. Our guide to care home fees and your will explains the capital limits, when a home counts and the deprivation of assets rules.

Will digital accounts and funeral wishes follow automatically?

Online providers have their own account-access and legacy-contact processes. A will is not a password vault, and after probate anyone can search for and order a copy of it, so keep access instructions separately and securely; see digital legacy. Funeral wishes in a will are not binding, and the will may be read after the funeral, so tell your family directly.

What should you check alongside your will?

Separate arrangements to check before assuming your will is enough
Item	What decides who receives it	Practical next step
Joint home	Joint tenants: survivorship. Tenants in common: your will	Confirm the type of ownership and get advice if your wishes depend on leaving a share
Joint accounts	Usually the surviving account holder	Check which accounts are joint and whether that still reflects your wishes
Pension	The scheme's rules, usually guided by your nomination	Ask each scheme what nomination it holds and update it where needed
Life cover	The policy trust if there is one; otherwise your will	Ask the insurer whether the policy is in trust and who the trustees are
Lifetime decisions	A lasting power of attorney, not a will	Consider whether you need one for finances, health or both
Digital accounts	The provider's terms and legacy tools	Use the provider's legacy settings and keep access instructions separate

Why can an asset list and a will give different answers?

An asset list records what you own or use. A will records instructions for the part of your estate it can control. Someone might list their home and pension together for their executor, while the joint ownership and the pension scheme's rules decide how those particular assets pass. Keeping the three consistent means checking the will, the ownership and each provider's instructions separately.

Use the free executor handover to record where information is kept, and the will planner to organise your next steps. This page is general information for England and Wales.

Sources

Sources checked 24 September 2026.

Frequently asked questions

Can my will leave my share of a jointly owned home?

Only if you own it as a tenant in common. A joint tenant's interest passes automatically to the surviving owner, and GOV.UK confirms it cannot be passed on in a will. Check the title and get advice before changing the type of ownership.

Does naming someone in my will update my pension nomination?

No. Pension death benefits are paid under the scheme's rules, usually at the discretion of the administrator or trustees guided by your nomination. Ask each scheme how to update your nomination.

Does my will control a life insurance payout?

Only if the policy pays into your estate. A policy written in trust is paid to the trustees for the trust's beneficiaries, whatever your will says. Ask your insurer whether each policy is in trust.

Does my executor have authority while I am alive?

No. An executor acts only after your death. A lasting power of attorney is the separate document that lets people you choose make decisions for you while you are alive but unable to decide yourself.

Are funeral wishes in a will legally binding?

No. Funeral wishes in a will guide your family but do not bind them, and SwiftWill's will says so expressly. Because the will may not be read until after the funeral, tell your family and executors directly.

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