What Provisions Can’t be Included in a Will?

Wills are an excellent way to ensure that your possessions are passed on to your loved ones in the event of your death. Wills can serve many different purposes and distribute much of your property the way you desire it to be distributed. There are, however, exceptions on what can actually be included in a will. Some property and conditions are not allowed to be written or enforced in a will.

If you are considering setting up a will or trust, you may need an experienced and knowledgeable attorney to assist you. When deciding how to distribute your assets in the event of your death, an attorney can help you make informed decisions and understand your legal rights. The Houston estate planning lawyers of Garg & Associates, P.C. have years of experience helping individuals organize and plan their final wishes. Contact our offices today at 281-362-2865 to speak with one of our attorneys.

What Can’t Be Included?

Some of the provisions you may not include in a will are:

  • Certain Property – Property held in joint tenancy (like that with a spouse) can’t be left to someone besides your spouse. Also, you can’t include proceeds from life insurance, property in a living trust, pension plan money, or money in a payable-on-death bank account
  • Funeral Instructions
  • Reduction of Estate Taxes – a will cannot be used to help you reduce taxes on your estate
  • Certain Conditions on Gifts – such as only allowing a beneficiary to inherit something if they marry or change religion
  • Arrangements for the care of a beneficiary with special needs – This has to be arranged through a trust
  • Money directly to pets– money can only be given to someone who is charged with the responsibility for the pet

This is by no means a full list, but the help of a knowledgeable attorney can help you understand exactly what to put in a will, and what to leave out.

Contact Us

The Houston estate planning attorneys of Garg & Associates, P.C. are dedicated to helping clients make sure their estate planning is done according to their wishes. If you are looking for help planning a will or a trust, we can help. Contact us today at 281-362-2865.

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Garg & Associates, PC | 21 Waterway Avenue, Suite 300 | The Woodlands, Texas 77380 Please call 281-362-2865 | Fax: 866-743-4506
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Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.