Creating a Will is one of the most important things you can do for your loved ones. It gives clarity, ensures your wishes are honored, and minimizes stress during an already difficult time. But not everything belongs in a Will—and including the wrong items can lead to confusion, delays, or even legal disputes.
At Johnson Legal, PLLC, we help Wilmington families make sure their estate planning documents are not just legally sound, but practical and personal. In this post, we’ll walk through the top things you should never include in your Will, and what to do instead.
It might seem natural to include your funeral instructions in your Will—but it’s usually a mistake.
Because Wills often aren’t located or read until days—or even weeks—after a person has passed away. By then, your loved ones may have already made decisions about cremation, burial, or services without knowing what you wanted.
Create a separate letter of instruction or advance funeral directive, and give copies to your executor, spouse, or trusted family members. Let them know where to find it and discuss your wishes ahead of time. We help our clients in Wilmington create clear funeral guidance documents that complement their estate plan—not get lost in it.
Your Will should not include directions for assets that pass directly to a beneficiary by contract. This includes:
These accounts bypass your Will entirely. Naming a different person in your Will than the person listed on the account beneficiary form creates confusion—and the beneficiary form almost always wins.
Review your beneficiary designations regularly (especially after life changes like marriage, divorce, or the birth of a child) to make sure they align with your broader estate plan.
At Johnson Legal, we guide clients through a full beneficiary audit as part of every estate planning package.
You can use a Will to set some conditions for gifts—but not all. For example:
These conditions are often unenforceable or outright illegal under North Carolina law, especially if they violate public policy or restrict basic rights like marriage or religion.
If you want to structure how or when someone receives their inheritance—such as protecting a young adult from mismanaging money—a trust is usually a better solution. You can outline age-based distributions, create oversight through a trustee, or set conditions tied to responsible behavior (education, employment, etc.).
If you’ve already placed an asset into a trust, you don’t need to (and shouldn’t) direct it again in your Will.
Trusts operate outside of probate and follow their own instructions. Adding those assets back into your Will can confuse your estate plan and contradict your trust’s terms.
Ensure your trust is properly funded and titled, and your Will serves as a “pour-over” to transfer any remaining assets into the trust. At Johnson Legal, we help Wilmington families coordinate trusts and Wills so they work together—not against each other.
Your Will is not the place to spell out:
These are end-of-life decisions, not after-death decisions—and your Will only becomes effective after you die. Including health care wishes in your Will is simply too late.
You need a Health Care Power of Attorney and Advance Directive (Living Will) to guide those decisions. These documents empower someone you trust to act on your behalf while you’re still alive but unable to speak for yourself.
Johnson Legal includes these as part of every comprehensive estate plan we create.
It might sound obvious, but your Will can only distribute assets that belong to you. You can’t leave:
Including these creates confusion, delays probate, and may require court clarification.
Work with an estate planning attorney to make sure everything listed in your Will is actually part of your estate—and confirm how your ownership interest is titled.
More and more people want to include digital assets in their Will: email accounts, cloud storage, social media, online businesses, or cryptocurrency.
That’s a good instinct—but a Will alone isn’t enough.
While you can name someone to inherit these assets, many platforms require additional access credentials or legal documentation to release control.
Create a separate digital assets inventory that includes:
Pair this with legal authority granted in your Power of Attorney and Will for digital asset management.
You want to leave your grandmother’s ring to your daughter—but your Will just says “family jewelry.” That kind of vague language can lead to disputes and emotional hurt.
Similarly, leaving “my home to my children” without specifying how they’ll share it can create tension if one wants to sell and the other wants to stay.
Be specific. Name the item, the person, and any special handling you want. Better yet, use a personal property memorandum—a separate document referenced in your Will that you can update without rewriting the entire Will.
We offer this tool to all Johnson Legal clients to keep things clear, current, and conflict-free.
You can disinherit someone in your Will—but you have to do it carefully. Leaving someone out without explanation can trigger a Will contest, especially if they were financially dependent or expected to inherit.
If you plan to leave someone out, acknowledge it clearly. You don’t have to explain your reasons in detail, but you should make it clear that the omission was intentional—not a mistake.
And always ensure your Will is properly executed with full legal formalities. At Johnson Legal, we follow best practices to reduce the risk of a successful challenge.
Your Will is not just a legal form—it’s your final voice. Including the wrong things—or leaving the wrong things out—can lead to confusion, delays, family tension, or court intervention.
When your goal is clarity, control, and peace of mind, working with a North Carolina estate planning attorney who knows how to build a legally sound, well-integrated plan is the best move you can make.
At Johnson Legal, PLLC, we help individuals and families throughout Wilmington and southeastern North Carolina:
Contact our office today or visit johnsonlegal.us to schedule a confidential consultation. Let’s make sure your Will says exactly what it should—and nothing it shouldn’t.
Shane T. Johnson is the CEO and Managing Partner of Johnson Legal, an estate planning and business law firm in Wilmington, NC. With years of experience in estate and business law, he has zealously represented clients in various legal matters, including small business formation and purchasing, estate planning, probate, domestic violence, and other legal cases.
Shane received his Juris Doctor from the University of Wyoming and is a member of the North Carolina Bar Association. He has received numerous accolades for her work, including being named among the Best Probate Lawyers in Wilmington by Expertise.com.
