12 Important Things to Include in Your Will
Writing a will is one thing everyone knows they likely should do at some point in their lives, before it’s too late. How else will your family have an understanding of what to do with all of the important things in your life? Making a will is one task you don’t want to overlook and this guide will help you remember some of the important things you’ll need to include.
What to include in a last will and testament
When it comes to what can be included in a will, the answers you receive could be endless. It often depends on who you’re asking, what their family structure looks like, what they own, and what their values are. Given this, what to put in a will can be an incredibly important and personal decision. Here are some big areas that you should ideally address when writing a will:
1. Your full legal name and identifying information
This may seem obvious, but your will needs to clearly state your full legal name and sometimes other identifying information (like your address or birthdate) to ensure there’s no confusion about who the document pertains to.
2. A designated executor
The executor of your will is the person responsible for carrying out your wishes after your death. This can include managing assets, paying debts, and distributing property. Choose someone you trust and who is capable of handling financial and legal matters. You can also name a backup executor in case your first choice is unwilling or unable to serve.
3. Guardians for minor children
If you have children under the age of 18, one of the most important decisions you’ll make is who will take care of them if you pass away. Naming a guardian in your will allows you to choose someone who shares your values and parenting style. Without this, the court may appoint someone you wouldn’t have chosen. You should reach out to people you’re asking to be guardians before adding them to the will to avoid any complications.
4. Guardians for pets
If you have pets, it’s important that you name who the guardians of those pets would ideally be. (It’s recommended that you reach out to the intended guardian and let them know they’re named in the will before naming them!) Without naming the guardians of your pets, it could come down to the city or state relinquishing them to a rescue or your family being unsure what to do with your pets once you’ve passed.
5. Assets and beneficiaries
Clearly outline what you own and who should receive it. This can include personal property (like jewelry, artwork, and heirlooms), real estate, vehicles, and financial assets. Be specific when naming both the items and the beneficiaries to avoid confusion or disputes.
6. Instructions for real estate
If you own property, clarify what should happen to it—whether it should be sold and the proceeds divided, transferred to a specific person, or managed in a certain way. Include the full address and any relevant property descriptions.
7. Distribution of sentimental or personal items
Some of the most emotionally charged disputes arise over personal items with sentimental value. Consider making a separate “personal property memorandum” if your state allows it, which can be easily updated without changing your entire will.
8. Debts and taxes
State how you want your debts, taxes, and final expenses (like funeral costs) to be paid. Generally, your estate will cover these costs, but providing clear instructions can help ease the burden on your executor and prevent misunderstandings.
9. Digital assets and online accounts
In today’s digital world, it’s smart to include instructions for your digital assets—like email accounts, social media, and cloud storage. You can name a digital executor and specify what should happen to these accounts (e.g., deletion, transfer, memorialization).
10. Charitable gifts
If you’d like to leave a portion of your estate to a charity, your will is the place to do it. If you’re unsure how to include a charity in your will, it’s actually pretty straightforward. Include the charity’s full name, address, and tax identification number, along with the amount or percentage you’d like to give.
11. Signatures and witnesses
A will is not legally valid without being properly signed and witnessed, according to your state’s laws. Typically, you’ll need at least two witnesses who are not beneficiaries of the will. In some cases, notarization may also be required. Make sure your signing process complies with local legal requirements to avoid future challenges.
12. Access to safe deposit boxes
If you have one, your executor needs to know where it is, how to access it, and what’s inside. If this info is omitted, it can cause unnecessary delays and legal hurdles.
A well-written will gives you peace of mind that your wishes will be honored and your loved ones will be cared for. While no two wills are the same, these 10 elements serve as a foundation for a clear, legally sound, and comprehensive document. It’s always wise to consult with an estate planning attorney to ensure your will meets legal standards and truly reflects your intentions.
Why is it important to include these items in your last will and testament?
Including these items in your last will and testament is essential in helping prevent confusion, legal complications, and unintended outcomes after your death. When key details—like alternate beneficiaries, pet care instructions, or digital account access—are missing, your loved ones may face emotional stress, family disputes, or lengthy court processes to resolve unanswered questions. A will that addresses both major assets and the finer details of your life ensures that your wishes are carried out clearly and completely, offering peace of mind to both you and those you leave behind.
If you’re pre-planning and want to make sure you’re covering all of your bases, try using Ever Loved’s free key information checklist. The key information checklist is an easy way to make sure all of your important details are recorded in one place for your family to access when the time comes.
