Writing a will seems simple, but it’s easy to make mistakes. I know because I made some in mine. While working closely with an estate lawyer, I saw how certain things — even small ones — can create problems later on, from delays to disagreements among family members.
If you want your will to be clear and followed the way you intend, it’s important to know what not to include. In this article, I’ll share 12 things you should leave out of your will, based on what I’ve learned through personal experience and from working alongside a professional.
1. Personal Messages or Disinheritance
You must understand the potential legal consequences if you wish to include personal messages or disinherit someone in your will. Personal messages may not be legally enforceable. They can create confusion, hurt feelings, or disputes among family members. It may be challenged in court if you disinherit someone without a valid legal reason.
This can result in a lengthy and costly legal battle. If the will is ambiguous, incomplete, or legally invalid, it may lead to further legal disputes and delay the distribution of your assets.
2. Funeral Instructions and Organ Donation
If you have specific funeral wishes, don’t put them in your will—your family may not read it until after the funeral. Instead, write a separate document and tell your loved ones where to find it. In many states, you can also fill out a form to name someone to handle your funeral plans. If you want to donate your organs, you can note it on your driver’s license or sign up with your state’s donor registry. Just make sure your family knows your choice, so your wishes are followed.
3. Personal Property
When making a will, avoid listing specific personal items and who gets them. This can lead to confusion and might become public after your death. Instead, use a personal property memorandum — a separate document where you name who gets what. It’s easier to update and keeps those details private. Just make sure your will clearly mentions the memorandum and keep both documents stored safely together.
4. Retirement Accounts
Retirement accounts like IRAs, 401(k)s, and 403(b)s don’t belong in your will. These accounts pass directly to the named beneficiary, no matter what your will says. If you want to change who gets them, you must update the beneficiary form with the account provider. Wills don’t override these forms. Make sure to review your beneficiaries regularly—especially after major life events like marriage, divorce, or having a child—to keep everything current and in line with your wishes.
5. Life Insurance and Annuities
Life insurance policies and annuities don’t follow your will—they go directly to the named beneficiaries. That’s why it’s important to keep those designations current. Even if your will says otherwise, the beneficiary form wins. Also, assets that go through probate can be claimed by creditors, unlike those with named beneficiaries. To help protect your assets and make sure they go where you want, keep your will updated and talk to a financial advisor. They can help you handle these accounts properly and avoid unnecessary costs.
6. Joint Property
If you own property jointly with someone—like a house or bank account—you can’t control where it goes in your will. That’s because joint property typically includes the right of survivorship, meaning it automatically goes to the other owner when you die.
This is different from tenancy in common, where each person owns a share that can be passed down through a will or probate. Knowing the difference matters.
To make sure your property is handled the way you want, talk to an attorney. They can help you understand how your assets are owned and guide you in planning properly.
7. Business Instructions
If you own a business, don’t use your will to outline how it should run after you’re gone. A will is for passing on assets—not for managing day-to-day operations. Instead, set up a separate plan for your business. This could include naming a successor, creating a buy-sell agreement, or setting up a trust. These steps help keep the business running smoothly and avoid confusion later. Work with a professional to make sure your business plan matches your goals and is legally sound.
8. Properties Located Overseas
If you own property in another country, listing it in your U.S. will can lead to delays and extra costs. Many countries don’t automatically honor a U.S. will, and it may need to go through a U.S. court first, which slows things down.
A better option is to create a separate will in the country where the property is located. This helps follow local laws and speeds up the process. It’s smart to work with a lawyer in that country, who understands the legal and tax rules there. You might also want to name a local executor who knows the system.
9. Digital Assets
With so much of life online now, you need a plan for your digital accounts after you’re gone. But your will isn’t the best place for this. Instead, make a separate document or use a secure service to list things like passwords, login info, and important digital files.
This keeps your accounts accessible without delaying things through probate or exposing sensitive data. It also helps your loved ones avoid legal messes or confusion. Just remember to keep the information updated and make sure someone you trust knows where to find it.
10. Assets for Beneficiaries With Special Needs
If you have a loved one with special needs, careful estate planning is key. Leaving them assets directly can cause them to lose access to government benefits. Instead, set up a special needs trust. This allows you to provide support without affecting their eligibility.
The trust holds the assets, and a trustee manages them—covering things like medical costs, education, or daily needs. To get it right, work with a lawyer who knows how these trusts work. They can help you protect your loved one’s future while keeping important benefits in place.
11. Guardianship for Minors
When naming a guardian for your minor children, don’t rely only on your will. A will takes effect after probate, which can take months—leaving a gap in care. To avoid this, consider naming a standby or temporary guardian who can step in right away. Make sure to follow your state’s rules when doing this.
Also, your will isn’t the place for detailed parenting instructions. If you have specific wishes about your child’s upbringing—like education, religion, or daily routines—write them in a separate document. This gives helpful guidance to the guardian without delaying legal matters or creating confusion.
12. Conditional Gifts
When writing your will, avoid placing conditions on any gifts you leave behind. Saying someone must do something to receive an inheritance—like graduate college or marry a certain person—can create legal problems. These conditions may not be enforceable, and your gift could end up being denied or tied up in court.
To keep things simple and clear, make your gifts unconditional. If you have specific wishes or guidance, put those in a separate letter instead of the will. This helps make sure your assets go where you want them to, without added delays or disputes.
Creating a Legally Sound Will
To make sure your assets are handled the way you want, focus your will on asset distribution. Keep it clear, specific, and legally valid. Avoid adding personal messages or clauses about disinheriting someone—those can lead to confusion or legal trouble.
If you want more control or privacy, consider using a trust. Trusts can manage how and when assets are passed on, help skip probate, and reduce the chance of legal disputes. Talk to a lawyer to see if a will, a trust, or both make the most sense for your situation.
Mark grew up in the heart of Texas, where tornadoes and extreme weather were a part of life. His early experiences sparked a fascination with emergency preparedness and homesteading. A father of three, Mark is dedicated to teaching families how to be self-sufficient, with a focus on food storage, DIY projects, and energy independence. His writing empowers everyday people to take small steps toward greater self-reliance without feeling overwhelmed.