Examples Of Wills

Although wills may appear to be uncomplicated documents, there are certain aspects that necessitate awareness prior to their finalization. Certain information may be deemed superfluous in the context of a will, and inclusion of particular provisions may render certain portions of the testament legally invalid. There are certain items that should be excluded from a last will and testament, such as:

1 The topic of discussion pertains to the organization of a funeral.

It is advisable to express one’s preferred funeral arrangements; however, it is not recommended to include such information in one’s will. The rationale behind this is that the designated executor may not have the opportunity to review the will until posthumously, potentially resulting in a situation where they are faced with a decision to adhere to the decedent’s desires. It is advisable to express one’s desires in a distinct written instrument, such as a living will, which can be promptly accessed by one’s kin.

2. Requests for Organ Donation
The act of expressing one’s willingness to donate organs bears resemblance to the process of outlining one’s preferred funeral arrangements, as both are time-sensitive matters. The executor of a will is not authorized to access the document until the testator has deceased, rendering the inclusion of such information in the will of limited utility. Incorporating one’s organ donation details into a document outlining their funeral preferences is a logical course of action.
 
3 Resources for individuals with disabilities or animals with special needs.
The selection of beneficiaries is a crucial aspect of estate planning, and it is imperative to consider certain factors when making such decisions. Notably, individuals with special needs and pets are often discouraged as beneficiaries due to various reasons. In the case of an heir with special needs, reliance on government assistance may be a concern, thereby posing a risk to the continuity of such benefits. In this regard, a more viable alternative would be to establish a Special Needs Trust. As per legal regulations, pets are not entitled to own property. Therefore, it becomes imperative for pet owners to designate a guardian who can take care of their pets at the said property.
 
4. Justifications for the rationale behind one’s choices.
The rationale behind the allocation of specific assets to a particular heir may be deemed necessary to elucidate, however, it is not appropriate to include such information in one’s will. This information is better suited for inclusion in personal correspondence that your estate may distribute to your beneficiaries, as it falls outside the purview of legal proceedings.
 
5. Specific categories of real estate.
Certain types of property may not be deemed eligible for inheritance by a beneficiary. In cases of jointly owned property, the surviving co-owner assumes sole ownership of the property. Conversely, property held in a trust is already allocated to the heirs of the owner. It is advisable to avoid potential conflicts or confusion by refraining from designating these assets in your last will and testament.
 
6. Commercial Concerns
Although it is possible to bequeath business interests through a last will and testament, this approach is not typically advised as the optimal means of addressing such circumstances. The probate process is mandatory for wills, and it can be a protracted procedure that may potentially disrupt the operations of a business as the courts meticulously examine the relevant data. Legal counsel can assist in devising a business structure that facilitates uninterrupted operations following the proprietor’s demise.
 
7 assets that are undesirable to be included in the probate process.
The process of probate proceedings can be time-consuming and may take several months to finalize the execution of an individual’s last will. In order to ensure prompt transfer of assets to one’s beneficiaries, it is advisable to transfer said assets into a trust fund prior to one’s demise. It is not imperative to list these assets in one’s will.
 
8 Accounts that have designated beneficiaries named on them.
Certain assets may already possess designated beneficiaries, and it is advisable to avoid any potential ambiguity by refraining from naming an additional heir in your testamentary instrument. Instances of accounts that would have already designated beneficiaries are those such as your IRA and life insurance policy, as the act of designating a beneficiary is an integral part of the account setup procedure. In this scenario, the designated recipient listed on the account shall obtain the disbursement, thereby rendering the testamentary provisions null and void.

A last will and testament, commonly referred to as a will, is a legally binding document that outlines an individual’s preferences for the distribution of their assets and property upon their demise. Upon an individual’s demise, their last will and testament is submitted to a probate court. Upon verification of your will, the court will assume responsibility for supervising the allocation of your assets to your designated beneficiaries.

It is important to note that the validity of a will does not necessarily depend on its notarization, except in the state of Louisiana, despite the misconception held by some individuals. A notary can be utilized to produce a self-proving affidavit.