Navigating the Do’s and Don’ts of Drafting Your Will
Key Takeaways:
- Avoid including joint accounts, personal wishes, and sensitive information in your will to prevent complications during estate settlement.
- Regularly update your will, steer clear of ambiguous language, and consider using trusts to convey assets for a seamless and conflict-free distribution process.
Facing the inevitability of one’s own passing is a challenging task, but creating a will is a responsible and caring act that ensures your loved ones are taken care of when you’re no longer here. However, when drafting your will, it’s crucial to be aware of what should and should not be included to avoid complications and ensure a smooth transition of your estate. In this comprehensive guide, we’ll explore the 13 things you should never put in your will, shedding light on the best practices of estate planning.
1. Joint Accounts
When it comes to joint accounts or accounts with designated beneficiaries, these should not be included in your will. Doing so can create confusion and potential legal disputes during the estate settlement process. It’s essential to remember that these accounts have specific instructions that override your will.
2. Personal and Private Wishes
Your will should primarily focus on the distribution of your assets to beneficiaries. Avoid using it as a platform to address personal issues or settle family disputes. Remember that your will is a public document, and anyone can access its contents, so it’s best to keep personal matters separate.
3. Business Interests for an Active Business
Transferring business interests, especially in an active business, through your will is not advisable. It can disrupt the business’s functioning during the estate settlement, potentially causing delays and complications. Instead, consider establishing a succession or estate plan for a smoother transition.
4. Life Insurance
Life insurance policies should not be included in your will, especially if you have a significant net worth and are concerned about estate taxes. Passing on life insurance through a life insurance trust can help you retain a more substantial portion of the policy’s value and avoid hefty tax implications.
5. Secret or Secure Information
Wills go through a public court process known as probate, making their contents accessible to anyone. Thus, it’s essential to refrain from including confidential information such as bank account numbers, access codes, PINs, passwords, or any other sensitive data in your will.
6. Significant Assets Left to One’s Heirs
Leaving substantial assets to your heirs through a will can lead to complications, as these assets become entangled in the probate process. Courts are slow and public, making it advisable to use a trust to convey business interests and financial assets, avoiding the potential for disputes and delays.
7. Ambiguity and Inconsistency
Wills rely on clear and unambiguous language to be legally valid and enforceable. Avoid vague or inconsistent wording, as it can lead to confusion and disputes among beneficiaries. Ensure your will’s language is precise and straightforward.
8. Obsolete Provisions
Life changes over the years, and your will should reflect those changes. Failing to update your will can result in outdated provisions that may require costly legal actions to resolve. Regularly review and revise your will to keep it current and aligned with your intentions.
9. Assets That Go Through Probate
Whenever possible, avoid including assets in your will that must go through probate. Probate is a time-consuming and potentially expensive process. Opt for assets with beneficiary designations or those held jointly or in trust to bypass probate.
10. Tangible Personal Property
Tangible personal property like jewelry should not be bequeathed in your will, as it can subject these assets to the probate court. Instead, assign these items to a trust or create a separate memorandum outlining their distribution with the executor.
11. Funeral and Burial Instructions
While it may seem logical to include funeral and burial preferences in your will, it’s not the most practical approach. Wills are typically read after funeral arrangements are made, potentially resulting in your wishes not being known in time. Discuss your preferences with your loved ones and document them separately.
12. Conditions on Gifts
Avoid attaching excessive conditions to gifts in your will, as it can complicate matters and lead to disputes among beneficiaries. Instead, express your intentions through conversations, trusts, or other legal documents to ensure clarity and avoid conflicts.
13. Unenforceable Conditions
Be cautious when including conditions that may be unenforceable or against public policy in your will. Clauses that discriminate, involve illegal activities, or violate someone’s rights can render your entire will or specific provisions invalid. Seek legal guidance to ensure your will complies with the law.
In conclusion, drafting a will is a crucial part of estate planning, but it’s equally important to know what not to include. By following these guidelines and consulting with legal experts when needed, you can create a well-structured will that ensures your wishes are carried out smoothly and efficiently, providing peace of mind for both you and your loved ones.
Contact Information:
Email: [email protected]
Phone: 9542183695
Bio:
I’m Tony Caruso, a dedicated retirement income advisor with over 25 years of experience in the field. As a seasoned professional in the industry, I have helped numerous individuals and families navigate the complex world of retirement planning. I am proud to hold the Federal Retirement Consultant designation, which demonstrates my expertise in understanding the intricacies of retirement benefits specific to federal government employees.
Throughout my career, I have developed various strategies for the distribution of retirement income, each tailored to help individuals reach their unique goals. From guiding basic employee benefit understanding to assisting those with more complex careers of service to our country, I take pride in working with and educating people from all walks of life.
Outside of my professional endeavors, I am actively involved in organizations that hold a special place in my heart. I am a proud member and contributor to Thank you, First Responders, Tunnels to Towers, and The Valhalla Project. These organizations represent my commitment to giving back and supporting those who have made significant contributions to our communities and country.
I firmly believe that individuals who have worked diligently to accumulate a retirement nest egg deserve honest, straightforward, and easy-to-understand advice for the next steps in their journey. My goal is to provide a reliable roadmap that navigates them through their retirement years safely and securely.
Together, let’s build a solid foundation for your retirement and ensure that your years ahead are fulfilling and financially secure.
