What You Shouldn’t Put in a Will (And What to Do Instead)

When creating a will, you’re taking a vital step in planning for the future and ensuring your wishes are honored. However, not everything belongs in a will. Including the wrong items can lead to confusion, delays, or even legal challenges. Here are some things you should avoid putting in your will:

1. Funeral Instructions

While it might seem logical to include your wishes for your funeral or burial, your will is often not read until after the funeral. Instead, communicate your funeral preferences to your loved ones directly or include them in a separate document that’s easily accessible.

2. Property Held in Joint Tenancy

Assets like a home or bank accounts held in joint tenancy automatically pass to the surviving co-owner. These assets are not controlled by your will, so there’s no need to list them.

3. Beneficiary-Designated Assets

Life insurance policies, retirement accounts, and certain investment accounts allow you to name a beneficiary. These assets pass directly to the person listed on the account, regardless of what your will says. It’s important to keep these beneficiary designations updated instead of relying on your will to dictate their distribution.

4. Conditional Gifts

Wills are not the best place for gifts tied to conditions, such as requiring someone to marry or graduate college before receiving an inheritance. Such stipulations can be difficult to enforce and may be legally problematic. Trusts are often better suited for managing these types of scenarios.

5. Business Interests

If you own a business, your will is not the best tool for outlining how it should be managed or passed on. Instead, consider a buy-sell agreement or other succession planning documents tailored to business needs.

6. Digital Assets

While your will can reference digital assets, it’s often better to create a separate inventory with logins, passwords, and instructions for accessing your digital accounts. Many platforms have their own processes for handling account ownership after death.

A will is an important document, but it’s not a one-size-fits-all solution. Some assets and instructions are better handled through other estate planning tools, such as trusts or beneficiary designations. To ensure your estate plan is comprehensive and properly structured, it’s essential to work with a knowledgeable estate planning attorney.

If you’re unsure about what to include in your will—or how to structure your overall estate plan—reach out to the Estate Planning Law Office of Jonathon L. Petty, Inc. We can help you make informed decisions and create a plan that fully protects your loved ones and your legacy. Call us at 559-374-2223 or fill out our online form, and we’ll get in touch to arrange an appointment at a time that is convenient for you.