A well-drafted will covers more than just who gets your stuff. It should address everything necessary for efficient estate administration while avoiding common oversights that create problems. Knowing what to include—and what people often forget—helps ensure your will accomplishes your goals.
While simple situations may need only basic provisions, most wills benefit from careful attention to potential complications and contingencies.
Identification and Declarations
Your will should clearly identify you—full legal name, address, and any other names you use. Declare that this document is your last will, revoking all previous wills and codicils. Clear revocation language prevents confusion if earlier wills exist.
Some wills include a declaration of mental competence, though this isn't strictly required. It can help defend against later capacity challenges by showing you understood what you were doing when you signed.
Executor Appointment
Name your executor (or personal representative)—the person responsible for managing your estate through probate, paying debts and taxes, and distributing assets. Choose someone trustworthy, organized, and willing to serve.
Always name alternate executors in case your first choice cannot serve. People predecease testators, become incapacitated, or simply decline the responsibility. Without alternates, courts must appoint someone.
Consider whether to waive bond requirements for your executor. Bond protects beneficiaries from executor misconduct but adds expense. Waiving bond for trusted family members is common.
Beneficiary Designations
Identify beneficiaries clearly—full legal names and relationships. "My children" works, but adding names avoids ambiguity. "My nieces and nephews" may cause problems if the group changes between signing and death.
Specify what happens if a beneficiary predeceases you. Do their children inherit their share (per stirpes)? Does the share redistribute among surviving beneficiaries? Without contingent provisions, deceased beneficiaries' shares may pass unintentionally.
Be careful about disinheriting someone. If you want to exclude a potential heir, state it explicitly. Simply not mentioning them may allow a claim that you forgot rather than intentionally excluded.
Specific Bequests
Specific bequests give particular items to named beneficiaries: "I leave my piano to my daughter Sarah" or "I leave 0,000 to my brother John." These gifts are distributed first, before the residuary estate.
Consider what happens if the specific property no longer exists at your death—this is ademption. If you leave someone your car and you sell it, they may receive nothing unless your will addresses this.
Be careful about leaving specific dollar amounts when estate values may change. A 0,000 bequest made when your estate was worth 00,000 takes a much larger percentage if your estate shrinks to 00,000.
Residuary Estate
The residuary estate is everything left after specific bequests, debts, taxes, and administrative expenses. "I leave the rest, residue, and remainder of my estate to..." ensures everything is covered.
Never forget the residuary clause. Without it, property not specifically bequeathed may pass under intestacy laws rather than your chosen beneficiaries. Even if you've made many specific gifts, a residuary clause catches anything you overlooked.
Guardian Nominations for Minor Children
If you have minor children, nominating a guardian is crucial. Name who should raise your children if both parents die. Courts give significant weight to parental nominations, though they're not absolutely binding.
Name alternate guardians in case your first choice cannot serve. Consider practical factors: age, location, existing relationship with your children, parenting philosophy, and willingness to serve.
Discuss guardianship with your nominees before naming them. Don't surprise someone with this responsibility. Ensure they're willing and able to assume this role if necessary.
Trust Provisions
If beneficiaries shouldn't receive assets outright—minor children, spendthrift adults, or beneficiaries with special needs—your will can create trusts to manage their inheritance.
Testamentary trusts come into existence upon your death and are governed by your will's terms. They can protect assets until children reach appropriate ages, provide for beneficiaries with disabilities without affecting government benefits, or manage assets for those who can't manage money themselves.
Common Oversights
People often forget about digital assets—email accounts, social media, cryptocurrency, online businesses. Include provisions granting your executor access to digital accounts.
Pet provisions are frequently overlooked. Who cares for your pets? Consider leaving funds to cover their care. Some states allow pet trusts.
Funeral and burial instructions in wills often aren't seen until after services have already occurred. Communicate these wishes separately to family members or in a letter with your will.
Getting Legal Help
Estate planning attorneys help you identify what your will should include based on your specific situation. They anticipate issues you might not consider, draft provisions that accomplish your goals, and ensure nothing important is overlooked. The investment in proper drafting prevents far greater costs from ambiguous or incomplete wills that cause family conflict or unintended results.