Some things that cannot be given away in a will

Shares in jointly owned property (for example, bank accounts, flats or houses) may automatically pass to the other joint owner on someone’s death, or may be subject to the terms of the will, or the intestacy rules. It depends on the exact legal basis of ownership, so people should get legal advice. It may be possible to change the basis of the joint ownership of joint property, but this must be done with legal advice.

Benefits such as ‘death in service’ benefits and discretionary payments from personal schemes payable by an employer cannot be left by will. If there has been a formal nomination of someone to receive the benefit it will normally be given to that person, but the final decision will be at the discretion of the trustees of the scheme. People should check with their employer that they have made a nomination and that it is up to date.