ARTICLE: 5 Things You Should Leave Out of Your Will

5 Things You Should Leave Out of Your Will

Think of your will as a roadmap for those you leave behind—one that clearly sets out your wishes, distributes your assets, and preserves your legacy. While most people focus on what to include in their will, understanding what not to put in it can be equally important. Misplaced items, outdated instructions, or details better suited to other documents can lead to unnecessary complications, delays, and even disputes among family members. By knowing what to leave out, you make the path easier for your loved ones. Here’s a look at what you should avoid putting in a will and why these exclusions can be in your best interest.

  1. Funeral Wishes: Adding funeral plans in your will seems logical, but wills often aren’t read until after the funeral. It’s better to share these wishes separately so they’re easily accessible when needed.

 

  1. Personal Keepsakes Without Specific Instructions: If there are personal items you want to go to specific people, like family heirlooms or sentimental keepsakes, think about creating a personal property memorandum. This is a document you can easily update without having to change your whole will.

 

  1. Assets That Already Have Beneficiaries: Accounts like retirement funds or life insurance policies go straight to the named beneficiary and don’t need to be mentioned in the will. Putting them there can cause confusion and might even delay things.

 

  1. Inheritance Conditions That Can’t Be Enforced: If you’re tempted to put conditions on an inheritance—like requiring a certain use or behavior—it’s a tricky area. Many types of conditions are hard to enforce, and some can create problems down the line.

 

  1. Business Assets: Passing down a business takes more planning than a will can cover. A solid succession plan is usually the better way to go, helping everything transition smoothly.

A well-thought-out plan can make all the difference. If you’re ready to start planning or update your existing plan, we’d be glad to help. Reach out to Roth Elder Law at 607-962-6162 or fill out our intake form and we will be in touch to schedule a meeting.

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We at Roth Elder Law, PLLC, believe in providing services in a way that clients can easily understand and meaningfully participate in designing and maintaining their estate plan for their loved ones, as well as be assured that their plan will be administered according to their wishes.