10 Things You Shouldn’t Include in Your Will – And What to Do Instead

This Kiplinger’s article makes some very important points about what to include and what NOT to include and why. It is also another reason why DIY estate planning can cause problems down the road. Read the full article here.

When it comes to estate planning, many people are surprised by what should not be included in their will. Ensuring that your wishes are carried out effectively and without legal complications requires careful thought. Below are some common assets and instructions people mistakenly include in their wills, and alternative strategies to handle them properly.

1. Gifts or Bequests to a Child or Individual with Special Needs

Leaving assets directly to someone with special needs can jeopardize their eligibility for means-tested government benefits like Medicaid or Supplemental Security Income (SSI). Instead, set up a Supplemental Needs Trust, which allows you to leave them an inheritance while protecting their benefits.

Learn more HERE.

2. Pets and Money for Their Care

Though we consider pets part of the family, they are legally classified as property and cannot be named as beneficiaries in a will. If you want to ensure your pet’s care after you pass, establish a Pet Trust to legally protect the funds and designate a caretaker for your beloved animal.

Learn more HERE.

3. Non-Probate Assets

Certain assets—like life insurance policies, 401(k)s, and IRAs—pass outside of your will because they have designated beneficiaries. It’s important that the beneficiary designations on these accounts align with your estate plan, as they will take precedence over your will. Ensure consistency to avoid conflict.

4. Fixed, High, or Unrealistic Dollar Amounts

Leaving a fixed sum to someone can drain the estate, especially if your assets are lower than expected at the time of your passing. It’s more flexible to leave assets in shares or percentages to beneficiaries, allowing for adaptability based on the estate’s value.

5. Conditional Gifts

While it may seem tempting to attach conditions to gifts—like requiring someone to remain married—conditional bequests often cause legal disputes and complications. They also increase the chances of a will being contested. Avoid them to ensure smooth estate execution.

6. Secure Information (Social Security Numbers, Passwords)

Never include sensitive information like Social Security numbers, account passwords, or financial details in your will, as it becomes a public document after death. Instead, create a separate document with this information, and keep it in a secure location alongside your will.

Learn more HERE.

7. Funeral Instructions

Funeral instructions should not be included in your will, as the document may not be reviewed until after the funeral has taken place. Instead, communicate your wishes with loved ones directly or include them in a separate document.

Learn more HERE.

8. Guns

Firearms are subject to both state and federal regulations and should not be passed through a will. To ensure compliance with the law, establish a gun trust to transfer ownership of your firearms legally and responsibly.

9. Disparaging Remarks About Beneficiaries

If you wish to disinherit someone, it’s best not to explain the reasons why in your will. Including disparaging remarks can increase the likelihood of legal disputes. Instead, simply state that you are not providing for them without explaining further.

10. Business Interests

If you own a business, passing ownership through a trust ensures a smoother transition and keeps your business dealings private. Setting up a business succession plan in conjunction with a trust will help avoid probate and ensure the business continues to run smoothly.

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Estate planning is about much more than just drafting a will. By understanding what doesn’t belong in your will and using the proper tools like trusts and beneficiary designations, you can avoid complications and ensure your estate is handled according to your wishes. Reach out to an experienced estate planning attorney to get started today.