10 Things You Should Never Put In Your Will

December 29, 2024

0 3 minutes read

When it comes to planning for the future, creating a will is an essential step in ensuring that your wishes are carried out after you’re gone. However, while many people know what should go in their will, there are certain things that absolutely should not be included. These items can create confusion, legal challenges, and potential discord among family members. In this guide, we’ll explore 10 things you should never put in your will and why they could cause more harm than good.

1. Non-Legal Assets

A will is meant for legally binding instructions regarding your assets, but some things simply don’t belong in it. Non-legal assets, such as online accounts, social media profiles, or personal passwords, should not be included. These require separate legal arrangements, like a digital asset trust or a power of attorney, to manage. Your will cannot be used to directly transfer these assets.

2. Funeral and Burial Instructions

While it’s important to express your preferences for things like funeral arrangements, burial methods, or memorial services, it’s better to avoid putting these details in your will. The reason? Wills are often not read until after the funeral has already occurred. A separate document, such as a funeral directive or a letter of instruction, is a more appropriate place for this information.

3. Pets

Many people consider their pets family, and it’s natural to want to ensure they are well cared for after your death. However, instead of naming a specific person in your will to take care of your pet, create a pet trust or consider a care arrangement that provides for their long-term needs. Wills can’t enforce care obligations, which makes this a tricky area to navigate.

4. Gifts to Minors Without a Trust

Leaving assets directly to minors is a risky move. Minors cannot legally manage property or funds, and the courts will often step in to appoint a guardian or trustee. Instead of gifting assets directly, consider establishing a trust that will control the funds or property until the minor reaches adulthood. This ensures your assets are managed properly until the time is right.

5. Joint Property Ownership

If you own property jointly with another person, such as a spouse or business partner, you should not include that property in your will. The property will automatically pass to the surviving joint owner and including it in your will can cause unnecessary confusion or contradictions in your estate planning. Make sure this type of property is handled through a joint ownership agreement instead.

6. Contingent Beneficiaries for Life Insurance or Retirement Accounts

Your life insurance policy and retirement accounts (such as IRAs) typically have designated beneficiaries. Including these accounts in your will could create confusion or legal complications if the named beneficiary differs from the will’s instructions. Always ensure that these designations are updated and reflect your current wishes.

7. Personal Wishes on Relationships

Avoid including anything about personal relationships, whether it’s a request for reconciliation or a statement about how someone should behave following your death. These types of requests can lead to conflict among your loved ones and could even be challenged legally. Instead, express your wishes directly to the people involved in these relationships while you’re still alive.

8. Inappropriate or Controversial Requests

Avoid making inappropriate or controversial requests, such as instructing your heirs to use your inheritance for a specific lifestyle or controversial purpose (e.g., “I want my estate to fund political activism”). Such instructions can be contested, and they may not be legally enforceable. It’s better to focus on clear, reasonable, and enforceable requests.

9. A Memorandum of Personal Items

Many people want to pass down personal items like family heirlooms, jewelry, or mementos. While this is a noble idea, putting a detailed list of personal items in your will may create confusion or lead to legal disputes. If you want to pass down personal belongings, consider writing a separate memorandum that can be referenced as part of your estate planning. However, check with a lawyer to make sure it will be legally valid in your jurisdiction.

10. Instructions for Digital Media or Digital Assets

Similar to your social media accounts, digital assets like cryptocurrencies or digital collections should not be placed in a traditional will. Digital assets require specific legal considerations that vary by jurisdiction and platform. Consider appointing a digital executor and specifying how these assets should be managed in a digital asset trust or separate legal document.

Bottomline

While a will is a vital document in securing your legacy, it’s important to understand what belongs in it and what doesn’t. Avoiding the inclusion of non-legal assets, minor beneficiaries, and personal relationships can help ensure your will is clear, enforceable, and free from complications. Always consult with a legal professional when drafting or updating your will, so your wishes are protected and your family can carry out your legacy without unnecessary confusion or disputes.

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