What Should Never Go In A Will?
A will is a vital estate planning document and allows you to distribute your assets and property according to your wishes. However, there are several items that should not be included in a will:
- Property held in a living trust or joint tenancy – property deeded to a living trust cannot be willed to someone else, and a will cannot change the right of survivorship in joint tenancy, which passes to the joint tenant by law.
- Accounts with designated beneficiaries. Financial accounts and life insurance proceeds go to beneficiaries who are designated by you via a designated beneficiary form and cannot be given to someone else through a will.
- Contingency gifts. Leaving assets that are contingent on the beneficiary performing a duty or act (like marrying or attending college) is not legal in most instances.
- Provisions for those with special needs. If you have someone with special needs in your life that you care for, then you should create a special needs trust to ensure they get the care and resources they need after you are gone.
- Provisions for pets. Pets cannot legally own property so you can’t leave anything to them in your will. However, you can set up a pet trust to ensure your pets are cared for should they outlive you.
- Funeral instructions. A will isn’t read until after a funeral, so don’t leave funeral instructions in your will. Write a separate letter to loved ones outlining your wishes.
