Everyone needs a professionally created estate plan, regardless of the size of their estate. An estate plan provides directions for how assets are to be distributed, outlines desired medical care and describes how affairs are to be managed after death. However, there are certain key things that shouldn’t be in your will.
Of the millions of Americans who don’t have a will, more than half say they don’t have enough assets to warrant having an estate plan, says a recent article from Kiplinger, “10 Things You Should Leave Out of Your Will, According to Experts.” Even those who reported having a will admitted to researchers that their will needed updating.
While you’re going through the process of creating or updating an estate plan, here are ten things to leave out of your will.
Gifts to a disabled individual. Government benefits for individuals with special needs are means-tested. If they receive an inheritance or gift, they could lose their government benefits. A Special Needs Trust (SNT) can be used to make gifts or leave a bequest.
Pets and their care. Pets are considered property and can’t be named beneficiaries, but you can provide for them in your estate plan. A pet trust names one person to be the pet’s caretaker and another to serve as the trustee to manage assets dedicated to the pet’s well-being.
Non-probate assets. The only assets in the will are those owned by an individual at the time of their death. Non-probate assets are those with a designated beneficiary, including life insurance, investment accounts, retirement funds and some bank accounts. Beneficiary designations supersede the will, so be sure they are up to date.
Terms leaving high, fixed, or unrealistic amounts to beneficiaries. If your estate ends up being smaller than anticipated and you’ve left a large, fixed cash gift in your will, you could end up disinheriting other beneficiaries. Let’s say you leave $10,000 to your best friend and the rest in equal shares to your children. If your estate has been reduced by medical costs or an extravagant retirement lifestyle, your kids will receive what’s left. A better approach—leave property in shares or percentages to beneficiaries so your estate can adapt.
Conditional gifts. Unless your goal is to promote controversy and litigation, it’s best not to make any conditional bequests. Compelling someone to do something, like marry a certain person, before they can receive an inheritance, may be illegal in some states.
Secure personal information. Wills become public documents during probate. Social Security numbers, account numbers and passwords should never be included in a will. Instead, create a separate document containing personal information and make sure your executor knows where to find it.
Funeral instructions. Your will may not be found until after your funeral, so if you have specific wishes or have made arrangements in advance of your death, communicate directly with loved ones beforehand.
Guns. Highly regulated under both state and federal law, guns of any type should be handled using a separate gun trust (or NFA trust) to ensure safe and legal transfer. Check with a local estate planning attorney to find out how this is handled in your jurisdiction.
Disparaging comments to potential beneficiaries. Even if you are disinheriting someone, don’t editorialize in your will unless you want your loved ones to face family fights and estate litigation.
Business interests. Business assets should be addressed outside of the will. A succession plan may include trusts, partnership agreements, corporate structures and other means of transferring assets. This allows for privacy and efficiency.
Wills are very important. However, they are not the only tool available to ensure a smooth transition of wealth to heirs. There are certain key things that shouldn’t be in your will. Using trusts, beneficiary designations and joint ownership, or even a separate personal property memorandum, can prevent frustration, delays and unnecessary costs for your loved ones. If you would like to learn more about wills and trusts, please visit our previous posts.
Reference: Kiplinger (Dec. 4, 2025) “10 Things You Should Leave Out of Your Will, According to Experts”
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