Over the years, we’ve seen just how much thought and love people pour into their wills. It makes sense because a will is one of the most personal documents you’ll ever create. It’s your chance to provide for the people you care about and to leave behind a lasting legacy. But here’s the tricky part: sometimes, the very things people include in their wills can end up creating more problems than solutions.
Families have faced probate delays, unexpected tax issues, and even painful disputes simply because of how a will was written. The good news is that these situations can be avoided with a little guidance. To help, here are 10 things you should leave out of your will and what you can do instead.
1. Gifts to individuals with special needs
Leaving money directly to someone with special needs can unintentionally disqualify them from vital government benefits. A better option is creating a Supplemental Needs Trust, which allows them to receive support while keeping their eligibility intact.
2. Pets and money for their care
Legally, pets are considered property, which means they can’t inherit money. Instead, you can create a pet trust that sets aside funds and instructions for their lifelong care.
3. Non-probate assets
Retirement accounts, life insurance policies, and bank accounts with designated beneficiaries don’t pass through your will. Those beneficiary designations override your will, so keeping them updated is key.
4. Fixed, unrealistic dollar amounts
If your estate doesn’t have enough to cover a large fixed gift, other heirs may be left with little or nothing. Using percentages is usually a fairer and more flexible approach.
5. Conditional gifts
Wills that say things like, “Only if she gets married” or “As long as he never remarries” tend to cause delays and conflict. Simple, unconditional gifts are much easier for everyone involved.
6. Sensitive personal information
Because a will becomes public once it’s filed with the court, private details like Social Security numbers, account numbers, or passwords should never be included. Keep this information in a separate, secure document.
7. Funeral instructions
By the time your will is read, your funeral may already have taken place. Share your wishes with loved ones ahead of time or create a separate document for end-of-life arrangements.
8. Firearms and other restricted property
Guns and similar items can only be transferred under specific state and federal rules. A gun trust or other legal tool ensures everything is handled properly.
9. Explanations or criticisms of disinherited heirs
It’s natural to want to explain your decisions, but putting detailed reasons in your will often causes more hurt and more challenges. A simple, neutral statement is usually best.
10. Business interests
Passing a business through a will can lead to complications and delays. A trust or a formal succession plan provides a smoother, more private way to ensure your business continues.
Creating a will isn’t just about writing down your wishes. It’s about making sure those wishes can actually be carried out without confusion, disputes, or heartache for the people you love. Knowing what not to include is just as important as deciding what to put in.
If you’re ready to take the guesswork out of your estate plan, we would love to guide you every step of the way. Register for a Workshop
