If you’re making a will, you may believe that it can cover everything you want to do when you pass away. The reality is that there are some things you should not include in your will, because it won’t govern your property or wishes accurately.
The trouble is that some items have their own processes for distributing them to your heirs or beneficiaries. For example, if you have life insurance, it likely works independently of your will. Even if you include it in the will, any discrepancies will likely result in the insurance coverage’s instructions kicking in instead of using your will’s directions. If someone has a problem with that, then they may have to go to court over the discrepancy.
A joint tenancy is another thing you can’t adjust just because you say you want to in your will. In a joint tenancy, the home or property automatically goes to the joint tenant. Your share goes directly to the other tenant, not someone else you appoint. If you have an issue with that, it’s worth talking to your attorney about how to pass on your property rights prior to death, so you don’t end up losing your share.
Finally, it’s a bad idea to include instructions for your funeral in your will. Why? Most people don’t check the will until after the funeral. If you want others to know your wishes, it’s better to have an estate plan and people who are aware of what you’d like to see happen prior to your death. Your attorney can help you prepare these documents.