Common Mistakes to Avoid in Your Will: What Not to Include for a Smooth Estate Planning Process

Creating a will may be a foundational aspect of some estate planning, serving as a crucial document to ensure that your assets and possessions are distributed according to your wishes after your passing. A well-crafted will provides clear instructions on the allocation of your estate, helping to prevent disputes among your loved ones and ensuring that your legacy is honored as you intended. Beyond the distribution of your assets, a will allows you to appoint a guardian for minor children, which can be essential for their future well-being and security. However, while the importance of having a will cannot be overstated, it is equally crucial to recognize that certain items and directives should not be included in this document. Understanding what to exclude from your will is key to avoiding complications and ensuring that your estate is managed smoothly and efficiently.

• Jointly Owned Property: Property you own with someone else as joint tenants automatically passes to the surviving owner when you die. This transfer occurs outside the will, so you don’t need to mention these properties.
• Designated Beneficiary Accounts: Accounts like life insurance, retirement plans, and bank accounts that already have a named beneficiary do not need to be included. These funds go directly to the beneficiaries named in the account documents.
• Funeral Plans: Detailed funeral arrangements are better left out of the will since it may not be read until after the funeral. Instead, discuss these plans separately with your family or include them in a separate document, like your Estate Planning Portfolio.
• Medical and End-of-Life Decisions: Wills are not the place for medical directions or end-of-life care wishes. Such preferences should be outlined in a living will and/or a healthcare power of attorney.
• Care for Pets: While you can designate a caregiver for your pets, you cannot leave money directly to pets. Instead, set up a pet trust or leave funds to a person specifically for the care of your pet.
• Certain Trusts: Specific details or funding mechanisms for living trusts should not be included in your will. These need to be set up separately from the will to function correctly from a legal standpoint.

Understanding these limitations is key to creating a well-crafted will that is both effective and legally sound. If you have any questions about what to include or avoid in your will, or need guidance on other aspects of estate planning, Wilson Law is here to help. Our team offers personalized advice to ensure your will meets all legal requirements and fully reflects your wishes. Contact us at 866-603-5976 or complete our online contact form, and we will promptly schedule a meeting.