Limitations of Wills

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What Are Some Limitations of Wills?

Many people have the idea that they can include whatever instructions they want in a will. While wills are a useful way to ensure that your property is distributed the way you want it to be, they do have many limitations. The limitations of wills may involve the type of property that you can leave upon your death, as well as certain instructions that can’t be performed through a will.

For example, you can’t really use a will to transfer certain types of property such as:

Thus, you would want to ensure that your will follows the various requirements in your state. There is also much overlap between the laws governing wills and the laws covering trusts.

What Are Some Other Limitations of Wills?

Besides property limitations, there are also certain instructions that simply can’t be carried out through a will. These include:

Again, many of the limitations of wills can be overcome by setting up a trust instead of including questionable instructions in your will. Proper planning can help you avoid will contests in the future. Modifying your will may be necessary if you discover any inconsistencies in your will documents. 

Do I Need to Hire a Lawyer for Help With a Will?

Drafting a will requires thorough planning as well as some knowledge of the laws in your area. If you need assistance with your will, you may wish to contact a lawyer for advice. Your lawyer can help draft your will and inform you of the many different limitations of wills. Also, an attorney can be of help if there is a dispute over the will of a loved one, or if a will needs to be modified. 

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Last Modified: 10-08-2013 02:58 PM PDT

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