A will might be the most important element of an estate plan. There are many key legal goals that a testator can achieve with just a will. They can nominate someone to serve as their personal representative. They can select candidates to care for their minor children if they die.
Wills are also where many people name their chosen beneficiaries and outline what assets they want their beneficiaries to receive from the estate. Wills can serve many important functions during estate administration. However, testators sometimes attempt to include provisions in their wills that may not work out as they intend.
Wills cannot disinherit spouses
Many people who take the time to establish a will do so because they have specific plans for their legacies. They want to leave property to charitable causes or specific family members.
On the other hand, they may want to limit what certain people inherit. People who might be heirs if an individual dies without a will are only beneficiaries if a testator chooses to include them in a will. People can disinherit their children or grandchildren using a will.
Testators typically cannot disinherit their spouses using wills. Spouses generally have a statutory right of inheritance. They can ask the courts to grant them an elective share of the estate if the deceased party attempted to disinherit their spouse entirely or left them less than the elective share allowed under the law.
Wills are not the place for funeral instructions
Other common issues with wills include leaving assets for animals, including illegal instructions or trying to bequeath property jointly owned with another person. Another common mistake people make during estate planning is to provide funeral, burial or cremation instructions in their wills. They want to ensure that their family members see their instructions after they die.
What they fail to consider is that many people do not actually review wills until after the memorial service for the deceased individual. Any instructions that they provide may end up ineffective because people do not read them until after the funeral occurs.
There are other legal documents that can help families address the decedent’s remains appropriately. Depending on the unique wishes of the testator establishing the will, there may be ways for them to guide their loved ones, control their legacy or plan their funeral service effectively with other documents.
Discussing personal wishes with someone familiar with probate and estate planning law can help people achieve their goals while minimizing challenges. Those who know what they cannot do with a will can utilize these powerful legal instruments appropriately.