8 Things You Should Never Put in Your Will (and What to Do Instead)
Why the Wrong Words Can Wreck Your Will
If you include the wrong things in your will, you could accidentally send your family to probate court, trigger tax issues, or even invalidate your plan entirely.
In this video, Charleston estate planning attorney JP Rankin explains eight common mistakes people make when writing their wills and what to do instead to protect your legacy.
Watch the full video here:
Eight Things NOT to Put in Your Will
1. Jointly Owned Property
If you own property jointly, such as a house or bank account with your spouse, your will does not control it.
In South Carolina and North Carolina, jointly owned property passes automatically to the surviving owner.
Even if your will says something different, the title controls.
Fix: Make sure your title and beneficiary designations match your wishes. For homes, confirm ownership type with your attorney. For bank accounts, verify whether they are "joint with rights of survivorship."
2. Retirement Accounts (401k, IRA, etc.)
Your beneficiary designation determines who receives your retirement account, not your will.
If your IRA still lists your ex-spouse and your will says it should go to your kids, your ex-spouse wins.
Fix: Keep all beneficiary designations updated and consistent with your estate plan. Review them every few years or after any major life event.
3. Life Insurance Proceeds
Your life insurance does not follow your will unless no beneficiary is listed. If the policy defaults to your estate, it goes through probate, costing your family time and money.
Fix: Name a trust or an individual adult (not a minor) as your beneficiary. Avoid listing your estate to keep those proceeds out of probate.
4. Property Already in a Living Trust
If you have already transferred property into a revocable living trust, do not list it again in your will. Doing so can cause conflicts and pull those assets back into probate.
Fix: Use a pour-over will that captures any assets left outside your trust and transfers them into it after your death.
5. Funeral Instructions
Funeral and burial instructions do not belong in your will because wills are typically read after the funeral.
Fix: Create a separate funeral directive or pre-arranged contract. Give a copy to your loved ones now so they can follow your wishes right away.
6. Conditions That Violate Public Policy
You cannot use your will to force behavior that violates public policy. For example:
"My son only inherits if he divorces his wife."
"My daughter only gets her inheritance if she marries within the family religion."
Fix: Instead, you can control timing or conditions based on age, education, or responsibility, but not moral or discriminatory terms.
7. Gifts to Disabled Beneficiaries (Without Planning)
Leaving money directly to a disabled child can destroy their Medicaid or SSI eligibility in both North Carolina and South Carolina.
Fix: Create a supplemental needs trust so those assets support your child without jeopardizing their benefits.
8. Digital Assets Without Access Instructions
In today’s world, your executor may need access to your online accounts, including bank apps, cloud storage, or even social media. If you do not plan for this, they might be locked out permanently.
Fix: Include digital asset clauses in your durable power of attorney and revocable living trust. Keep a secure list of passwords or use a password manager your trustee can access.
The Right Tool for the Right Job
Your will is powerful, but only if it is used correctly.
Putting the wrong things in it is like trying to fix plumbing with a hammer: wrong tool, wrong result.
If you live in South Carolina or North Carolina, it is smart to have an estate planning attorney review your will and ensure your plan works the way you expect.
Schedule Your Complimentary Consultation
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https://www.rankinestatelaw.com/book-a-consultation
Free resource: 6 Mistakes Families Make With Estate Planning
About JP Rankin
JP Rankin, founder of Rankin Law Firm in Charleston, South Carolina, is licensed in South Carolina, North Carolina, and California. He helps families plan for the unexpected, protect their legacies, and make estate planning understandable — not intimidating.
Disclaimer
This article and video are for informational purposes only and do not constitute legal advice. Viewing or interacting with this content does not create an attorney-client relationship.