8 Critical Things People Forget to Include in Their Will: A Santa Barbara Estate Planning Attorney Explains

As a Santa Barbara estate planning attorney, I’ve seen firsthand how even carefully drafted wills can have significant oversights. While most people remember to address major assets like homes and financial accounts, certain important provisions are frequently overlooked. These forgotten elements can create unnecessary stress, conflict, and expenses for your loved ones after you’re gone. Let’s cover some of the most common we see:

1. Guardian Nominations for Pets

Pets are family members, yet they’re legally considered property. Without specific provisions, your beloved animals may end up in shelters or with people who don’t understand their needs. When crafting your estate plan, be sure to include not only who should take your pets but also funds for their care.

2. Digital Assets and Passwords

In today’s digital world, your online presence represents a significant part of your life. Consider appointing a digital executor and providing instructions for handling email accounts, social media profiles, cryptocurrency, digital photos, and online subscriptions should you become incapacitated or pass away.

3. Personal Items With Sentimental Value

Family conflicts often arise not over high-value assets but over sentimental items like grandma’s recipe book, family photos, or holiday decorations. As a Santa Barbara estate planning attorney, I recommend creating a separate personal property memorandum that specifically addresses these meaningful possessions.

4. Explicit Disinheritance Provisions

If you intend to exclude someone who might otherwise expect to inherit (like an estranged child), you should explicitly state this intention. Without clear language, the excluded person might contest your will, claiming their omission was an oversight.

5. Alternate Beneficiaries

What happens if your primary beneficiary predeceases you? Without named alternates, your assets could be distributed according to state law rather than your wishes. Always include contingent beneficiaries for each bequest.

6. Funeral and Burial Instructions

While these wishes are often communicated verbally, including them in your will ensures they’re documented. However, since wills are sometimes not read until after funeral arrangements are made, consider also leaving a separate letter with these instructions.

7. Business Succession Plans

If you own a business, your will should address what happens to your ownership interest. Without clear instructions, your business partners could find themselves working with your heirs, potentially creating operational challenges.

8. Specific Care Instructions for Dependents With Special Needs

Beyond naming a guardian, detailed care instructions for dependents with special needs are essential. These might include medical preferences, daily routines, and specific accommodations that ensure continuity of care.

Taking Action

While this list highlights common oversights, each person’s situation is unique. Working with an experienced Santa Barbara estate planning attorney ensures your will (and any additional planning tools that may be needed) comprehensively addresses your specific circumstances.

Remember, a will is more than just a legal document—it’s your final communication with loved ones. Make it as complete and clear as possible to provide them with guidance and peace of mind during a difficult time.

Need help creating or updating your will? Contact our office at (805) 946-1550 to schedule a consultation where we can help ensure your plan leaves nothing important to chance.