At Shore Estate Law, we know that writing a will is one of the most meaningful, yet often confusing, steps in estate planning. Clients often ask, “What should I include in my will?” or “How do I make sure I don’t create problems for my family later?” These are great questions, because while a will is essential, including the wrong things can create more headaches than it solves.
We’ve seen families face probate delays, unexpected tax issues, and even legal disputes because of what was written into a will. To help you avoid those pitfalls, here are 10 things you should leave out of your will and better options to consider instead:
- Gifts to individuals with special needs
Leaving money directly to someone with special needs could unintentionally disqualify them from important benefits. The better approach is a Supplemental Needs Trust, which allows them to be supported without losing eligibility. - Pets and money for their care
As much as we love them, pets cannot inherit money. Instead, create a pet trust to provide both funds and instructions for their lifelong care. - Non-probate assets
Retirement accounts, life insurance policies, and certain bank accounts do not go through your will. Beneficiary designations always override your will, so keeping them up to date is critical. - Fixed, unrealistic dollar amounts
Leaving large fixed sums can backfire if the estate comes up short, leaving other heirs with little or nothing. Percentages are a smarter way to ensure fairness. - Conditional gifts
“If this, then that” instructions, like requiring marriage or certain behaviors, usually cause conflict and delay. Simple, direct gifts are much easier to manage. - Sensitive personal information
A will becomes public record once filed with the court. That means personal details like social security numbers or passwords should never be included. Keep those in a secure, separate document. - Funeral instructions
By the time your will is read, your funeral may already be over. Share your wishes directly with loved ones or prepare a separate document for end-of-life arrangements. - Firearms and other restricted property
Guns and similar items have special legal rules for transfer. A gun trust or similar planning tool is the safer option. - Explanations or criticisms of disinherited heirs
It is tempting to explain your reasons for leaving someone out, but doing so often stirs up more conflict. A simple statement is usually best. - Business interests
Trying to pass a business through your will can cause complications and delays. A trust or formal succession plan provides a much smoother, private transition.
The Bottom Line
At Shore Estate Law, we help families see that a will is not just about putting wishes on paper. It is about making sure those wishes can actually be carried out without confusion or conflict. Knowing what not to include in your will is just as important as knowing what belongs in it.
If you are ready to take the guesswork out of your estate plan, we are here to guide you every step of the way. Register for a Workshop or Request a Consultation today.
