what you should never put in your will

3 min read 16-04-2025

Creating a will is a crucial step in estate planning, ensuring your assets are distributed according to your wishes after your passing. However, including certain things in your will can lead to unintended consequences, disputes, and even legal challenges. This article outlines what you should absolutely avoid including in your last will and testament.

Things to Exclude from Your Will

1. Vague or Ambiguous Language

Precise language is paramount. Avoid vague terms like "a significant portion" or "a fair share." These open the door to disputes among beneficiaries. Be specific about the monetary amounts or percentage of assets each person receives. For example, instead of "a significant portion to my son," write "Fifty thousand dollars to my son, John Doe."

2. Unrealistic or Impossible Instructions

Don't include instructions that are impossible to fulfill. For example, requesting the sale of a specific asset that cannot be legally sold, or directing the distribution of assets in a manner that violates tax laws. Your executor needs clear, actionable instructions. Work with an attorney to ensure your wishes are both realistic and legal.

3. Discriminatory or Illegal Clauses

Avoid discriminatory language based on race, religion, gender, or sexual orientation. Such clauses are unenforceable in most jurisdictions and can damage your legacy. Similarly, don't include instructions that violate any applicable laws or regulations.

4. Personal Attacks or Insults

Your will is a legal document, not a platform for airing grievances. Avoid including personal attacks or insults toward any beneficiaries or other individuals. This can create unnecessary animosity and complicate the probate process. Focus on the distribution of your assets, not on expressing negative feelings.

5. Wishful Thinking Regarding Care of Pets

While you may wish to specify care for your beloved pets, legally binding instructions within a will are typically limited to the distribution of property. Consider creating a separate pet trust, managed by a designated individual, to ensure their care is provided for. This legally protects both the pet and the designated caregiver.

6. Incomplete or Inconsistent Information

Ensure all information included in your will is accurate, complete, and consistent. Mistakes or discrepancies can lead to confusion and disputes. This is where working with an attorney is particularly important. They can help you avoid these issues. Double-check all names, addresses, and descriptions of assets.

7. Overly Complex Instructions

Keep your will as straightforward as possible. Avoid overly complex or convoluted language that may be difficult for your executor to interpret. A simple, clear will is easier to execute and less prone to misinterpretations. Complex situations may necessitate a trust, which is handled by a separate legal instrument.

8. Unrealistic Expectations About Taxes

Never assume that your beneficiaries will not owe taxes on inherited assets. This is a common mistake. Consult with a tax professional to understand the implications of estate taxes and inheritance taxes. Planning for these taxes ensures your wishes are fulfilled.

9. Failure to Name an Executor

This is one of the most critical omissions. Your executor is responsible for carrying out the instructions in your will. Without a named executor, the court will appoint one, which may not be your preferred choice. Choose someone trustworthy and capable of managing your estate.

10. Lack of Regular Review and Updates

Your life circumstances can change. Changes in family dynamics, asset accumulation, or legal requirements necessitate reviewing and updating your will periodically. Regular review ensures your will reflects your current wishes and prevents outdated instructions.

Seek Professional Legal Advice

This information is for general guidance only and does not constitute legal advice. Always consult with an estate planning attorney to create a will that accurately reflects your wishes and complies with applicable laws in your jurisdiction. A lawyer can help you navigate complex situations and ensure your assets are distributed effectively and legally. They can also help anticipate and avoid potential disputes. Remember, peace of mind is priceless, and proper legal counsel ensures your legacy is handled correctly.