Creating a will often feels like the central task of estate planning. It provides instructions for distributing property and can establish important provisions for beneficiaries. However, some assets and instructions are better handled through other parts of an estate plan.
Retirement accounts, life insurance policies, certain jointly owned assets, business interests and property requiring special arrangements may follow rules outside the will. Understanding these distinctions can help families avoid conflicts and ensure that assets reach the intended recipients.
What Not to Put in a Will: Assets With Their Own Rules
One of the first lessons in what not to put in a will is that a will generally controls only assets that are subject to probate.
Retirement accounts and life insurance policies are common examples. The beneficiary designation associated with an account generally determines who receives the asset, regardless of what the will says.
Review Beneficiary Designations Separately
An estate plan can include carefully drafted inheritance provisions while an old beneficiary form directs an asset elsewhere. When considering what not to put in a will, remember that these instructions belong on the beneficiary form itself.
Marriage, divorce, remarriage, deaths and the birth of children or grandchildren can all make an existing designation outdated. Beneficiary forms should, therefore, be reviewed whenever significant family circumstances change and as part of regular estate plan reviews.
Special Needs Beneficiaries May Require a Trust
For families caring for a loved one who receives government benefits, an outright inheritance is often near the top of the list of what not to put in a will. Leaving an inheritance directly to a beneficiary who receives means-tested government benefits can create problems. An outright inheritance may affect eligibility for programs, such as Medicaid or Supplemental Security Income.
A supplemental needs trust may provide a more appropriate structure in these circumstances. Instead of giving the beneficiary direct control of the inherited assets, the trust can hold and manage property for the beneficiary while seeking to preserve eligibility for certain benefits.
The appropriate structure depends on the beneficiary’s circumstances and the applicable rules.
Pets Need a Different Planning Structure
Pets are often treated as family members. However, they cannot inherit property the same way a human beneficiary can.
Someone may want to leave money to a relative with instructions to use it for a pet’s care. That approach may not provide the legal structure necessary to ensure that the funds are used as intended.
A pet trust can instead establish instructions for the animal’s care and provide funds for that purpose. Families can also identify who should assume responsibility for the pet if the owner dies.
Personal Information Should Stay Out of a Will
Sensitive personal details are among the clearest examples of what not to put in a will. A will can become part of the public probate record. Including sensitive information, such as Social Security numbers, financial account numbers, or passwords, can, therefore, expose information that should remain private.
Families can maintain a separate inventory of accounts, passwords and other important information in a secure location. This gives an executor the information needed to administer an estate without placing sensitive data directly in the will.
Funeral Instructions May Belong Elsewhere
Funeral and burial wishes may also be better communicated outside the will.
A will may not be reviewed until after arrangements need to be made. Giving instructions directly to family members or keeping them in a separate document can make those wishes easier to find when needed.
Fixed or Conditional Gifts Can Create Problems
Some inheritance instructions become difficult when circumstances change.
A large fixed-dollar gift may consume a disproportionate share of an estate if the estate becomes smaller than anticipated. In some situations, expressing gifts as percentages or shares can provide greater flexibility.
Conditional gifts can create different problems. Requirements concerning marriage, employment, lifestyle choices, or other personal decisions may lead to disagreements over whether a beneficiary satisfied the condition. Simpler instructions may reduce administrative difficulties and disputes.
Business Interests May Need Separate Planning
A business interest can be difficult to transfer through a standard will.
Partnership agreements, operating agreements, shareholder agreements, or other documents may govern business ownership. A succession plan can address who should receive ownership, who should manage the business and how the transition should occur.
Separating business succession from ordinary personal inheritance provisions can provide greater clarity and help protect business continuity.
Certain Assets Require Special Handling
Some property is subject to legal or practical restrictions that make ordinary testamentary gifts inappropriate.
Firearms, for example, can be subject to federal and state requirements governing possession and transfer. Specialized planning structures may be appropriate depending on the type of firearm and the applicable laws.
The broader lesson is that estate planning should account for the nature of an asset rather than assuming every item can be distributed in the same way.
Keep the Will Part of a Larger Plan
Leaving certain assets or instructions out of a will does not mean leaving them out of the estate plan.
The goal is to place each asset and instruction in the structure best suited to accomplish the owner’s objectives. Beneficiary designations, trusts, ownership arrangements, separate instructions and business succession documents can all work alongside a will.
Regularly reviewing these pieces together can help prevent conflicting instructions and ensure that the estate plan reflects current circumstances.
Key Takeaways
- A will does not govern every asset: Retirement accounts, insurance policies and other non-probate assets may transfer according to separate beneficiary designations.
- Special circumstances may require trusts: Beneficiaries with special needs, pets and certain restricted assets may require planning structures beyond a standard will.
- Private information should remain separate: Passwords, account numbers and other sensitive information should generally be kept outside a will that may become public.
- Business and conditional gifts need careful planning: Separate succession arrangements and flexible inheritance provisions can reduce disputes and administrative complications.
Reference: MSN (June 11, 2026) “10 things you should leave out of your will, according to experts“