Not long ago, I met with a family who had just lost their father. He left a will, which was good. The problem? He also left behind a few “creative” instructions in that will that caused more headaches than clarity. The family found themselves tangled in probate delays and disputes over what he “really meant.” Sadly, I’ve seen this happen too often. A will is supposed to make things easier for your loved ones, but if it includes the wrong things, it can do the opposite.
To save your family from unnecessary stress, here are 10 things you should leave out of your will—and what to do instead.
- Gifts to individuals with special needs
Leaving money directly to someone with special needs can disqualify them from government benefits. The better option is a Supplemental Needs Trust, which supports them without jeopardizing eligibility. - Pets and money for their care
Pets can’t inherit money. Instead, create a pet trust that sets aside funds and instructions for their care. - Non-probate assets
Retirement accounts, life insurance policies, and accounts with named beneficiaries don’t go through your will. Beneficiary designations override your will, so make sure they’re updated. - Fixed, unrealistic dollar amounts
If your estate doesn’t have enough to cover a large fixed sum, other heirs may end up with little or nothing. Percentages work better because they adjust to the actual estate value. - Conditional gifts
Instructions like “only if they get married” often cause conflict and delays. Keep it simple with direct gifts. - Sensitive personal information
A will becomes public record. Never include social security numbers, account details, or passwords. Keep that information in a separate, secure document. - Funeral instructions
By the time your will is read, the funeral may already be over. Share your wishes directly with family or leave them in a separate document. - Firearms and other restricted property
Guns and other restricted items must follow specific laws. A gun trust or similar planning tool makes the transfer legal and straightforward. - Explanations or criticisms of disinherited heirs
Adding personal commentary usually stirs up resentment and legal challenges. A simple statement is best if you choose to leave someone out. - Business interests
Passing a business through a will often leads to complications and publicity. A trust or succession plan allows for a private, smooth transition.
The Bottom Line
A will is about more than writing down your wishes—it’s about making sure those wishes can actually be carried out without confusion or conflict. Knowing what not to include is just as important as knowing what belongs in there.
If you want to be certain your will protects your family instead of creating extra challenges, we’re here to guide you through the process. Register for a Workshop today and take the guesswork out of your estate plan.
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