A will is the simplest estate planning tool available. Someone who drafts a will can take control of their legacy. People frequently share inaccurate information about wills. Most people don’t have much knowledge about estate planning and wills in particular. What they don’t know can lead to oversights when drafting their documents and mistakes that could affect the validity and enforceability of their documents.
Those drafting or updating a will often needs to ensure that they include specific provisions. They may also need to avoid inclusions that could prove useless or potentially complicate probate proceedings.
What do most people include in a will?
The most important terms in a will help establish someone’s legacy. A testator creating a will typically names specific beneficiaries who should inherit from their estate. They also include a description of their property in many cases.
A will also frequently needs to include information about someone’s preferred personal representative. If the testator doesn’t select the individual to handle their estates, then the probate courts have to appoint someone in their stead.
Finally, if someone has young children, there will may need to include guardianship information for the ongoing support of their children. The inclusion of thorough and up-to-date information about someone’s assets and beneficiaries, as well as those they want to nominate for positions of authority, is key to an effective will.
What do people mistakenly include in a will?
Sometimes, overzealous testators add information to their wills that is unnecessary, unhelpful or even counterproductive. For example, they may include information about their funeral plans in the will. However, many families do not thoroughly review a will until after someone’s memorial service. At that point, the family may have already handled the arrangements for a memorial service and burial or cremation.
Other times, testators include too much information about personal relationships. They view a will as an opportunity to air their grievances or explain their choices. Acknowledging the choice to disinherit someone or limit their inheritance is a reasonable decision when drafting a will. Going into great detail about interpersonal relationships might be cathartic in the moment but could ultimately be a mistake.
Testators do have the option of adding personal letters to their estate plans to supplement a will in cases where they want to talk at length regarding their relationships or their choices. Omitting unnecessary information can be as crucial as the inclusion of appropriate details in a will.
Having assistance when drafting or updating a will can make a major difference for a testator. Valid and enforceable wills can help people to achieve peace of mind and extend protection to their dependents.
