Learn what you should never put in your will. This practical guide simplifies estate planning and avoids common legal and emotional pitfalls.
Table of Contents
Imagine this: You have spent years building a life filled with memories, possessions, and people you care deeply about.
You want to ensure your family is cared for when you are no longer around.
Writing a will is the obvious solution.
But here is the thing—wills can go wrong.
They are powerful documents, but including the wrong items can lead to confusion, legal battles, or even invalidation of the entire will.
Let us discuss what should never go in your will and why avoiding these common mistakes is as important as writing the will.
1. Jointly Owned Property: Let the Law Work for You
Picture this: Your family home is co-owned with your spouse.
In your will, you decide to leave your share of the house to your children.
That sounds thoughtful, but here is the catch—the law already dictates that your share automatically transfers to your spouse upon death.
Including jointly owned property in your will can create unnecessary confusion.
Instead, take the time to understand how joint ownership works and let those rules handle it.
Pro Tip: Focus your will on assets that do not have automatic transfer mechanisms, like personal belongings or investments.
2. Retirement Accounts and Life Insurance Policies
Meet Lisa, a single mom.
Years ago, she listed her two children as her life insurance and retirement accounts beneficiaries.
When she wrote her will, she decided to list those accounts again to be safe.
Unfortunately, this caused delays in processing her estate because her will conflicted with the designated beneficiaries on file.
Lesson Learned: Retirement accounts and life insurance policies bypass your will entirely. Instead, ensure your beneficiary designations are up-to-date and reflect your wishes.
3. Funeral Instructions: Timing Is Everything
Imagine your loved ones scrambling to figure out your funeral preferences, only to find them buried in your will after the service is over.
Do not let this happen.
Funeral instructions are not in your will because the timing does not work.
Instead, talk with your family or write a separate document outlining your wishes.
Better yet, Assign a trusted friend or family member to handle these details so your loved ones do not have to guess.
4. Conditional Gifts: Sounds Fun, But…
We all know someone who would love to leave a dramatic twist in their will.
“My niece can have the lake house if she completes medical school within five years.”
While it might seem a clever way to motivate someone, conditional gifts often lead to frustration and disputes.
What if circumstances change?
What if your niece wants to pursue a different dream?
Instead of adding unnecessary stress, make your gifts meaningful and straightforward.
5. Business Interests Without a Plan
Let us talk about your business.
It is your baby—you have poured your heart and soul into it.
However, leaving it to your heirs in your will without a proper plan is like handing them a puzzle with missing pieces.
Work with a professional to create a succession plan if you want your business to thrive after leaving.
This ensures your business’s future is secure and prevents potential conflicts among your heirs.
6. Digital Assets: The Modern Estate Planning Trap
These days, digital assets are as valuable as physical ones.
Think of your cryptocurrency wallet, social media accounts, or online subscription services.
Without clear instructions, your loved ones might struggle to access these assets.
While you can name them in your will, providing a secure list of login details through a password manager or estate planning tool is better.
Pro Tip: Keep this list updated regularly—your Netflix password is not much help if it is three years out of date.
Trivia Time!
Here is something fascinating: The oldest will in recorded history belongs to an Egyptian man named Nebra, who lived around 2548 BC. He used his will to leave his estate to his wife. Even back then, people understood the importance of planning!
The Final Word
Writing a will is not just a legal chore—it is a way to leave behind clarity and care for the people you love.
By avoiding these common mistakes, you can create a document reflecting your wishes and saving your family from unnecessary complications.
Remember, estate planning does not have to be intimidating. Take it step by step, and if you need guidance, do not hesitate to seek professional advice.
If you found this helpful, explore more of our articles to make your estate planning journey smoother.
Because when it comes to your legacy, every detail matters.
Take a deep breath, grab that pen (or laptop), and start drafting your perfect will—free of these common pitfalls.
Your loved ones will thank you for it.
About The Author
