Creating a will is one of the most important steps you can take to ensure your wishes are carried out and your loved ones are protected. Whether you’re planning ahead or updating an old document, knowing what to include in a will can help you feel confident about the future.
At Crosby Law Firm, we have years of experience helping individuals prepare clear, legally sound wills and estate plans. With the right guidance, this process doesn’t have to be overwhelming— and it can give you lasting peace of mind.
Continue reading to learn about what goes into a will and what shouldn’t. Our experienced estate planning attorney in Rockford, IL, is here to help you protect your legacy.
Why Having a Will Matters
Your will serves as your voice when you’re no longer here. Without one, the state of Illinois decides how your assets are distributed. Those decisions may not reflect your personal values or intentions. A will also lets you name who will care for minor children and manage beneficiary designations.
However, a will should not include all of your property and assets. Certain things do not belong in a will or are simply better off being managed through other legal documents.
What To Include in a Will & Testament
If you’re wondering what things to include in a will, here are the core elements every solid will should have:
- Your personal information, like your legal name, date of birth, etc.
- Testamentary intent (A clear statement that the document is your last will & testament and that it outlines how your assets will be distributed after death.)
- Beneficiary designations and disposition of assets
- Guardianship provisions
- Appointment of an executor
Below, we go into further detail about the various important items that make up a will.
List of Assets
Include all valuable property you wish to pass on, such as:
- Stocks, bank accounts, and investments
- Real estate
- Vehicles
- Jewelry, heirlooms, or personal items
- Digital assets
Note: You don’t need to include assets with named beneficiaries (like life insurance or jointly held property), as they pass outside of your will.
Named Beneficiaries
Your will should state who should receive your assets. You can divide your estate evenly or give specific items to specific people. Keep your beneficiary list updated as life changes— such as births, marriages, divorces, or deaths —occur.
Not sure if it’s time to update your will? Read our blog: When To Update Your Estate Plan & Reasons Why
Guardian & Trustee Designations
If you have minor children, naming a guardian allows you to choose who should care for them when you’re gone. You can also name a trustee to manage any inheritance for your children until they reach a certain age. These can be the same person or two different people, depending on what’s best for your family.
Additionally, you can name guardians for pets in your will. However, because pets are legally considered property, you cannot technically create a legal guardianship for them as you would for minor children. To learn more about protecting your pet after you’re gone, check out our blog: Estate Planning for Pets
Executor of the Will
The executor is the person you trust to carry out your final wishes. They’ll be responsible for:
- Managing your estate
- Notifying beneficiaries and heirs about the estate administration
- Handling legal and financial responsibilities
- Paying debts and final expenses
- Distributing your assets to beneficiaries
Your executor should be someone you trust who is dependable and capable of handling such tasks during an emotional time.
Optional: Funeral Arrangement or Burial Wishes
Although not legally required, some individuals choose to include preferences about funeral or burial arrangements in their wills. However, it’s important to communicate these wishes directly to family members as well, since a will may not be read immediately after death.
What You Should Never Put in Your Will
While it’s important to be thorough, there are a few things you should never put in your will, including:
- Business interests for active businesses. A will must go through probate, which can cause significant delays in transferring interests and operational risks. Many business owners use alternative estate planning tools such as living trusts, buy-sell agreements, or business succession plans to transfer business interests smoothly.
- Non-probate assets, such as life insurance policies, payable-on-death bank accounts, or retirement plans. These assets pass directly to named beneficiaries and are not controlled by your will. Including them can create confusion or legal challenges.
- Jointly owned property with rights of survivorship, as it automatically passes to the surviving owner outside the will.
- Unenforceable conditions. For example, requiring someone to marry or change religions to receive an inheritance may not be legally upheld.
- Disparaging or personal family disputes. Avoid using your will to settle family conflicts or “make a point.” A will becomes a public document and may provoke legal challenges or emotional harm.
- Confidential or sensitive information, such as account numbers, passwords, PINs, or crypto keys, should never be in a will, because wills become public during probate.
- Anything you don’t want to go through probate. You can transfer property into a trust to prevent it from being subject to the probate process or gift it during your lifetime.
- Guardianship designations for adult dependents. Wills do not legally appoint guardians for adult dependents the same way they do for children. Setting up future guardianship usually requires court involvement for adult dependents.
Note: For adult dependents with disabilities, parents can include a “testamentary guardianship” provision in their will. This nominates a guardian to take over upon the parent’s death, but the designation is still subject to court approval.
Write Your Will With a Lawyer’s Assistance
Are you wondering when you should create a will? At Crosby Law Firm, Attorney Michael Crosby has spent years helping individuals create effective wills and estate plans. His experience means you’ll receive trusted guidance tailored to your unique circumstances.
If you’re unsure what to include in your will and testament, or you’d like help preparing your estate plan, contact Crosby Law Firm. There are a lot of factors that go into creating a clear, legally binding will that protects what matters most. Schedule your consultation today.
