Will Writing Tips: Top Items You Cannot Include in a Will

Deciding to draft a will is one of the responsible things you can do during your adult life. This way, you will ensure your assets and properties are passed on to the intended recipients once you are gone, so they do not suffer in your absence. This is especially vital if you are the primary breadwinner, have adopted children, or have a large family.

Most people, however, find this task challenging because they don't know the details that can be included in the will. While some people opt to work with wills and estates lawyers to ensure the task is done correctly, it's still vital to gather some knowledge on this subject. Here are several items you need not include in the will.

Jointly-owned properties or assets

Any property or asset that's owned jointly should never be included in a will. This is because the ownership automatically passes to the other co-owner once you die, so you cannot offer it to someone else. For instance, if you and your friend or sibling own commercial properties or stocks, then they'll continue to hold the property or investments as long as they are alive.

In other cases, one is considered a joint owner of a property, even if their names aren't included in the asset or account documents. For instance, a community property that was owned by a married couple will be owned by the other spouse once they pass on.

Burial arrangements

Although having a clearly laid out plans for your funeral may seem like a smart idea, you shouldn't include the details in the will. Technically, your body isn't a property, so it cannot be considered part of the estate. Even if you include the details there, your family isn't obligated to carry things out as per your plan.

The best thing to do if you want a specific funeral plan is to discuss your plan with your loved ones and the executor in advance. You can even arrange for the services ahead of time to ensure your family isn't stressed a lot after your death.

Dictating how the heirs will use the property or funds

Even if you are sharing your hard-earned money or assets with your loved ones, you aren't entitled to decide how they will use the funds or property. You are required to assume that they will make good use of the gift you are offering. However, you can place less drastic conditions like allowing the executor to give the property or asset to an heir when they stop drinking or abusing drugs.

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