Making the last testament and will while you are alive is a wise move. It tells you family members about your last wishes regarding your assets and property. Undoubtedly, writing a will is definitely a good idea because it is a legal document that tells your loved ones what should be done with your assets and property after your death.
But, there are some limitations about what you should avoid mentioning in your will. Let’s find out-
Avoid adding your funeral instructions
Indeed, the funeral arrangements are the first thing to do after someone dies, not probate and estate proceedings. Therefore, you should not include your funeral instructions in your will, following your death. Rather, leave it to your family members like how they want to do it. Or if you want to tell them something to do at your funeral, make a separate note and write down your funeral wishes on it. Talk to your family members in advance what you want, your last wish and who would you like to be the executor of your real estate.
Careful while keeping conditions on gifts
Remeber not all conditions like divorce, marriage, religion change etc are legal and should be included in the Will as no law could enforce them, but you can put some conditions on the gifts like encouraging someone to do something or not do. Always keep in mind that any conditions you put on gifts can be complicated afterward.
Don’t leave money or gifts for the illegal condition
Although, no one does that but still a few people try to leave something illegal as a gift to someone. This would definitely not included in the will. Let’s say if you are asking someone to grow marijuana on the property. Or use a gun when they turned 25. Just avoid these things completely.
Don’t use will to run from your property taxes
A will is an important thing subject to estate taxes. Rather than trying to use your will to avoid any sort of heavy estate taxes, it's better to use different types of trusts to help you with the situation.
Provisions of pets
Animals don’t have any legal ability to get property after your death. In some states, you can allow your pet trusts as a beneficiary. You can check with your state laws and look what it entails. So, it's better to avoid leaving gifts to your pets in your will.
To sum up
Every state has their own set of rules when it comes to will or power of attorney. A will is an essential estate planning document that permits to distribute your property or assets as per your wishes. It is the most important documents after your demise. So, it is important to understand what you should include in it or not. If you don’t know what things are strictly prohibited in the Will or can create a nuisance afterward, it is wise to take legal advice from a local estate planning attorney.