Wills are very important, and should be constructed professionally and carefully. While you need to include many details in your will, there are several provisions that are better left out of the documents or placed in a different one. This is because there are some things that people mistakenly put in their wills, unaware of the fact that these things can't be enforced by law.
For example, you cannot put funeral plans in your will. It may seem wise to write about your funeral and burial in your will, since this document is discussing all aspects of after you pass on. What many individuals don't know is that there is no way to legally enforce the carrying out of a will of this nature. Your body is not technically property, so it cannot be part of your estate. You can try to include burial preferences in your will, but your body isn't under the state's control so your wishes may not be carried out in the way that you hoped for.
It is just as effective to write a different document regarding your funeral and burial and give this to a trusted relative, who can do his or her best to carry out your wishes the way that you expected. You can also discuss your funeral plans with your executor and arrange for services to be paid out of the estate should you pass away. You can discuss this in your will, but be wary of pre-paid funeral plans, which can be scams.
Also, you shouldn't include your digital estate in your will. Digital estates are everything from iTunes purchases to eBooks, memberships to websites and online shopping areas, and cloud-based online accounts. This area of law is slowly developing as it becomes more and more relevant, but at present bequeathing your online property is not enforceable. You can choose to gift an heir your account information and passwords personally if you would like to do this.
You also should make separate provisions for any retirement funds or life insurance, instead of including these in your will. You need to designate a beneficiary when you create these funds, so it is important that the assets associated with your life insurance or retirement funds immediately transfer to the intended beneficiary. Anything you put in your will that contradicts these designations will not be honored.
As well, jointly held property cannot be written into a will. Any joint tenant on your property will automatically have the right to survivorship, which means that you can't will the property to anyone else. Also, any illegal gifts and requests will not be honored in a will. For example, if you have pounds of illegal narcotics you would like to will to a friend, the courts will not honor this part of the will and will instead dispose of the drugs. It is best to leave anything out of the will if it is remotely illegal, as the court and other authorities will be investigating the case.
If you want more information about crafting a sound and solid will, we suggest you hire a skilled estate planning lawyer to help you! With the right professional there, you can create a sound and trustworthy will that will guide you through your case professionally and reliably. That way, you can pass away in peace, knowing that your wishes will be honored in the way that you desire! Contact an attorney today to learn more!