What to Include in a Will: Essential Information and Key Provisions

What to Include in a Will: A Practical Guide

A will is more useful when it clearly answers the questions your executor and beneficiaries will face after your death.

Who should receive your property? Who should handle the estate? What happens if a beneficiary dies before you? Who receives property that is not specifically mentioned?

These are the kinds of questions a well-organized will should address.

If you are wondering what to include in a will, the answer is more than simply writing down the names of the people you want to inherit.

A properly prepared will can contain several important provisions designed to make your intentions clear and reduce uncertainty during estate administration.

The exact requirements for a legally valid will vary by jurisdiction, so the contents and execution requirements should always be considered together with the law that applies to you.

This guide focuses specifically on the information and provisions that commonly belong in a will.

What Does a Will Need to Include?

There is no single universal checklist that applies word-for-word to every person.

However, a comprehensive will commonly addresses:

• The identity of the person making the will
• Revocation of earlier wills, where appropriate
• Appointment of an executor
• Alternate executor
• Beneficiaries
• Specific gifts
• Residuary property
• Alternate beneficiaries
• Instructions concerning certain personal property
• Provisions for children where appropriate
• Signature and witness provisions required by applicable law

The most important principle is clarity.

Your will should make it reasonably clear who should receive what and who should administer the estate.

1. Identify the Person Making the Will

The document should clearly identify the person creating it.

This person is commonly called the testator.

Basic identifying information can help distinguish the will from other documents and make its purpose clear.

Depending on the document and jurisdiction, this may include:

• Full legal name
• Current residence
• State of residence
• Statement that the document is the person’s will

Avoid unnecessary information that does not contribute to identifying the testator or carrying out the document’s instructions.

2. State That the Document Is Your Will

The document should clearly communicate its purpose.

A formal will commonly begins with language identifying itself as the person’s Last Will and Testament.

This helps establish that the document is intended to contain testamentary instructions rather than being merely a personal note or informal list of wishes.

The wording itself is not a substitute for complying with applicable execution requirements, but clarity of intent is important.

3. Address Previous Wills

If you have previously created one or more wills, your current document may need to address those earlier documents.

A common provision states that earlier wills or testamentary documents are revoked.

This is especially important when replacing an older will.

Without careful drafting, multiple documents can create questions about which instructions are supposed to control.

However, simply writing a new document does not mean every possible issue concerning an earlier will disappears automatically.

If you have multiple existing wills, the circumstances should be reviewed carefully.

4. Name an Executor

One of the most important things to put in a will is the person you want to administer your estate.

This person is commonly called the executor.

The executor may have responsibilities such as:

• Locating estate property
• Identifying debts and expenses
• Communicating with beneficiaries
• Handling required court procedures
• Managing estate property
• Distributing assets
• Keeping records

The exact authority and duties of an executor depend on applicable law and the circumstances of the estate.

When choosing an executor, consider someone who is responsible, organized, trustworthy, and capable of dealing with financial and legal paperwork.

5. Name an Alternate Executor

It is often sensible to identify a backup.

Your first-choice executor could:

• Die before you
• Become incapacitated
• Move away
• Decline the appointment
• Become legally unable to serve

An alternate executor gives your estate a clearly identified second choice if the primary executor cannot serve.

Without an alternate, the court or applicable law may determine who can take on the role.

6. Identify Your Beneficiaries

Another fundamental answer to “what goes in a will?” is your beneficiary information.

Beneficiaries are the people or organizations you intend to receive property under the will.

Depending on your circumstances, beneficiaries could include:

• A spouse
• Children
• Other relatives
• Friends
• Charitable organizations
• Other eligible recipients

Identify beneficiaries carefully.

For example, simply writing “my children” may be sufficient in some circumstances, but more detailed identification may be useful where family circumstances are complicated.

7. Decide How Specific Your Gifts Should Be

A will can contain specific gifts.

A specific gift identifies particular property or a particular amount intended for a particular beneficiary.

Examples might include:

• “My vehicle”
• A particular piece of jewelry
• A specified cash amount
• A particular investment
• A particular item of personal property

Specific gifts should be described carefully.

Suppose a will says:

“I leave my car to my brother.”

If you own three vehicles when you die, the instruction could create uncertainty.

A better description may identify the particular vehicle more precisely.

8. Include a Residuary Provision

One of the most important but frequently overlooked parts of a will is the residuary provision.

Your estate may contain property that is not specifically mentioned in the will.

For example, after specific gifts are made, there could still be:

• Household property
• Bank funds
• Investments
• Personal belongings
• Newly acquired property
• Refunds or other assets

A residuary clause addresses what remains after applicable expenses, debts, and specific gifts are dealt with.

Without an effective residuary provision, property may create additional legal questions.

This is why a good will list should not stop after identifying specific gifts.

9. Name Alternate Beneficiaries

Life does not always follow the assumptions made when a will is created.

A beneficiary may die before the testator.

For that reason, it can be useful to consider alternate beneficiaries.

For example, you might specify who should inherit if:

• Your primary beneficiary dies before you
• A beneficiary cannot legally inherit
• A beneficiary’s gift fails for another reason

The exact legal effect of survivorship and beneficiary provisions depends on the language used and applicable law.

10. Consider Your Children

If you have children, their circumstances should be considered when deciding what to include in a will.

This can be particularly important when children are minors.

Parents may wish to identify preferred individuals to serve in roles involving the care of minor children.

However, a will does not necessarily give a parent unlimited authority to determine custody.

Courts and applicable law can govern these matters.

The important point is to address children’s circumstances thoughtfully rather than leaving major questions unanswered.

11. Address Personal Belongings

Personal property can cause surprisingly significant family disagreements.

A will may identify important belongings such as:

• Jewelry
• Family heirlooms
• Artwork
• Collectibles
• Vehicles
• Valuable furniture
• Other sentimental property

If a particular item matters to you, consider whether your instructions should identify it specifically.

However, listing every ordinary household object may make the document unnecessarily complicated.

The goal is to provide useful clarity around meaningful or valuable property.

12. Consider Business Interests

If you own a business, partnership interest, shares, or another business-related asset, it may require particular attention.

A business interest may be subject to:

• Operating agreements
• Buy-sell agreements
• Partnership agreements
• Corporate documents
• Transfer restrictions
• Separate ownership arrangements

Therefore, simply writing “I leave my business to my son” may not answer every legal question about how the interest can actually be transferred.

Business owners should carefully coordinate testamentary instructions with the governing documents for the business.

13. Consider Real Estate

Real estate should also be identified carefully.

For example, a person may own:

• A primary residence
• Rental property
• Vacation property
• Undeveloped land
• Property in another state

A will can contain instructions concerning property that falls within its scope.

But the way real estate transfers can depend on ownership structure, beneficiary arrangements, trusts, and state law.

If real estate is important to your estate, make sure the will’s provisions are consistent with the actual ownership of the property.

14. Consider Property With Separate Beneficiary Designations

Not everything you own necessarily passes according to the will.

Some assets may have their own beneficiary designations.

Common examples can include:

• Life insurance
• Retirement accounts
• Payable-on-death accounts
• Transfer-on-death arrangements

This creates an important distinction between what to include in a will and what needs to be reviewed elsewhere.

For example, changing your will may not automatically change the beneficiary designation on a retirement account.

Therefore, your overall beneficiary information should be reviewed for consistency.

15. Include a Clear Residual Beneficiary

The residuary beneficiary receives property remaining after the specific provisions of the will have been addressed.

This provision is particularly useful because your estate may change over time.

You may:

• Buy new property
• Sell old property
• Open new accounts
• Receive an inheritance
• Start a business
• Acquire investments

You cannot realistically predict every asset you will own at death.

A well-considered residuary provision helps address property that was not individually listed.

16. Include Instructions for Multiple Beneficiaries

If several people inherit your property, be clear about how their shares should be divided.

For example, you may intend:

• Equal shares
• Different percentages
• Specific property plus a percentage of the remainder

Avoid vague phrases where a precise distribution is intended.

If you want three beneficiaries to receive equal shares, the document should make that intention clear.

17. Consider What Happens If a Beneficiary Dies First

This is another important decision point.

Suppose your will leaves property to your sister, but she dies before you.

What should happen to that gift?

Should it:

• Go to her children?
• Go to another named beneficiary?
• Become part of the residuary estate?
• Be handled under applicable law?

The answer should be deliberately considered rather than left entirely to chance.

18. Identify Important Information for the Executor

A will itself does not need to contain every piece of financial information about your estate.

In fact, putting account numbers, passwords, and other sensitive information directly into a will may be impractical.

Instead, maintain a separate secure record containing information the executor may need.

That record might identify:

• Financial institutions
• Insurance policies
• Real estate records
• Business interests
• Important professional contacts
• Document locations

Keep the information updated and tell the appropriate person where it can be found.

19. Include the Required Signature and Witness Provisions

A will is not merely a document containing instructions.

It must also satisfy the legal requirements of the jurisdiction governing its execution.

Depending on the jurisdiction and type of will, requirements can concern:

• The testator’s signature
• Witnesses
• Witness signatures
• Notarization
• Electronic execution
• Other formalities

These requirements vary by state.

Therefore, when preparing a formal will, do not treat the signature page as an afterthought.

A document with excellent instructions can still create problems if it is not properly executed.

20. Keep the Language Clear

A will should communicate instructions clearly.

Avoid unnecessarily complicated wording when a simpler statement expresses the same intention.

For example, instead of creating a confusing paragraph about personal property, consider whether the instructions can be separated into:

• Specific gifts
• Residuary property
• Alternate beneficiaries

Clear organization makes the document easier for an executor to understand.

What Should You Not Put in a Will?

Understanding what not to include can be just as useful as knowing what belongs in one.

Avoid using the will as a place for:

Passwords

Passwords can change and may create security risks.

Private Financial Credentials

Bank login information and similar credentials should be stored securely elsewhere.

Temporary Instructions

A will is generally not the right place for instructions that need frequent updating.

Contradictory Wishes

Do not include provisions that conflict with each other without explaining how they should work.

Unclear Property Descriptions

Avoid descriptions that could apply to several different assets.

Instructions That Belong in Other Documents

Some medical, financial, or ownership arrangements may require separate documents.

The goal is to make the will a clear legal instrument rather than a general personal notebook.

What Information Should You Gather Before Preparing a Will?

Before deciding what to put in a will, gather the information necessary to make informed decisions.

A practical preparation list includes:

Personal Information

• Full legal name
• Current residence
• Marital status

Family Information

• Spouse
• Children
• Other intended beneficiaries
• Potential alternate beneficiaries

Executor Information

• Preferred executor
• Alternate executor
• Contact information

Asset Information

• Real estate
• Bank accounts
• Investments
• Vehicles
• Business interests
• Valuable personal property

Existing Documents

• Previous wills
• Codicils
• Trust documents
• Ownership agreements
• Beneficiary designations

This information does not all need to be physically written into the will.

Its purpose is to help you make informed decisions about the provisions the will should contain.

A Practical “What to Include in a Will” Checklist

Use this checklist when preparing or reviewing your document.

Basic Information

• Identify the testator
• State that the document is intended to be a will
• Address previous wills where appropriate

Executor

• Name a primary executor
• Name an alternate executor
• Confirm that the selected person is suitable

Beneficiaries

• Identify primary beneficiaries
• Consider alternate beneficiaries
• Decide how shares should be divided
• Consider what happens if a beneficiary dies first

Property

• Identify important specific gifts
• Describe valuable personal property clearly
• Consider real estate
• Consider business interests
• Include an effective residuary provision

Family

• Consider minor children
• Consider blended-family circumstances
• Review intended inheritance arrangements

Other Assets

• Review life insurance beneficiaries
• Review retirement-account beneficiaries
• Review payable-on-death accounts
• Review transfer-on-death arrangements

Execution

• Review applicable state requirements
• Arrange required witnesses
• Complete signatures correctly
• Follow any applicable notarization or electronic-will requirements

Storage

• Store the original securely
• Tell the executor where it is
• Keep related records organized

What to Include in a Will and Testament vs. Other Documents

A useful way to think about estate documents is to separate instructions that belong in the will from information that belongs elsewhere.

Information	Usually Appropriate for a Will?	Better Handled Elsewhere?
Executor appointment	Yes	—
Specific gifts	Yes	—
Residuary inheritance	Yes	—
Beneficiary instructions for probate property	Yes	—
Bank passwords	No	Secure records
Online account passwords	No	Secure records
Life insurance beneficiary	Review	Beneficiary designation
Retirement beneficiary	Review	Account designation
Medical treatment preferences	Usually separate	Advance directive
Property ownership records	Reference as appropriate	Property records
Business agreements	Coordinate	Business documents

The exact treatment depends on the circumstances and applicable law.

Common Mistakes When Deciding What to Put in a Will

Focusing Only on Major Assets

People often remember their house and bank accounts but forget personal belongings, residual property, or newly acquired assets.

Forgetting a Residuary Clause

A will should account for property that is not specifically listed.

Choosing an Executor Without a Backup

An alternate can provide an important contingency.

Using Vague Descriptions

If a gift could apply to multiple assets, the wording may create confusion.

Ignoring Beneficiary Designations

Some assets transfer through separate mechanisms.

Forgetting Future Changes

Family and financial circumstances can change.

Treating the Will as a Complete Estate File

Important records and credentials should generally be maintained separately and securely.

Copying Another Person’s Will

Someone else’s circumstances may be completely different from yours.

How Detailed Should a Will Be?

The right level of detail depends on the complexity of the estate.

A simple estate may require fewer provisions.

A complicated estate may need considerably more careful drafting.

The objective is not to make the will as long as possible.

The objective is to make your legally effective instructions clear enough to be followed.

Too little detail can create ambiguity.

Too much unnecessary detail can make the document harder to understand and maintain.

Good drafting finds the appropriate balance.

When Should You Review What Is in Your Will?

A will should be reviewed when your circumstances materially change.

Consider reviewing it after:

• Marriage
• Divorce
• Birth of a child
• Adoption
• Death of a beneficiary
• Death or incapacity of an executor
• Major changes in property
• Business changes
• Moving to another state
• Significant changes in family relationships

A document that accurately reflected your wishes ten years ago may no longer do so today.

Does a Will Need to Include Every Asset?

No.

It is usually neither practical nor necessary to list every ordinary item you own individually.

Instead, a will can use broader provisions—particularly a residuary provision—to address property that remains after specific gifts.

The important point is that the document should provide a workable distribution structure.

Does a Will Need to Include Bank Account Numbers?

Generally, there is no reason to put sensitive account numbers and online credentials directly into a will.

These details can change, and a will may eventually become part of a public probate record depending on the jurisdiction.

Maintain sensitive financial information separately and securely.

Does a Will Need to Include Funeral Instructions?

Funeral and final-arrangement wishes may be documented separately because the will may not be reviewed immediately after death.

If certain wishes are important, consider communicating them separately to the people who will need the information at the relevant time.

The exact legal effect of funeral instructions can vary by jurisdiction.

What Makes the Contents of a Will Effective?

The contents of a will are only part of the picture.

The document must also satisfy the applicable legal requirements for validity and execution.

That can include requirements concerning:

• Testamentary capacity
• Signing
• Witnesses
• Formalities
• Applicable state law

This is why simply knowing what to include in a will does not guarantee that the resulting document will be legally effective.

Content and proper execution work together.

Frequently Asked Questions

What should I include in a will?

Common provisions include identifying the testator, naming an executor and alternate executor, identifying beneficiaries, making specific gifts, addressing residuary property, naming alternate beneficiaries, and including provisions appropriate to the person’s family circumstances.

What does a will need to include?

A will generally needs clear testamentary instructions and must satisfy the legal requirements of the jurisdiction where it is executed. Common contents include beneficiaries, an executor, property instructions, and a residuary provision.

What should I put in a will?

Consider including instructions for who should administer your estate and who should receive property covered by the will. Specific gifts, beneficiary shares, alternate beneficiaries, and residual property are commonly addressed.

What are the main parts of a will?

Common parts include the introductory identification of the testator, provisions concerning prior wills, executor appointment, beneficiary provisions, specific gifts, residuary provisions, alternate beneficiaries, and execution provisions.

Does a will need to list every asset?

No. A will does not necessarily need to individually list every asset. A residuary provision can address property not specifically distributed.

Should I put bank account numbers in my will?

Generally, sensitive account numbers and passwords are better maintained in a secure record outside the will. Financial accounts may also have separate beneficiary or ownership arrangements.

Should I name an alternate executor?

It can be useful to name an alternate in case the primary executor cannot or will not serve.

Should I name alternate beneficiaries?

It can be helpful to specify what should happen if a primary beneficiary dies before you or cannot receive the intended property.

Should personal belongings be included in a will?

Important or valuable personal belongings can be addressed through specific gifts. Ordinary household property may be handled through broader provisions, depending on the circumstances.

Should real estate be included in a will?

Real estate can be addressed in a will when it falls within the will’s scope. However, ownership arrangements and state-specific property rules can affect how it transfers.

Does a will control life insurance?

Not necessarily. Life insurance commonly has a separate beneficiary designation, so the designation should be reviewed independently of the will.

Does a will control retirement accounts?

Generally, retirement accounts may pass according to their beneficiary designations rather than the will. The account’s current designation should therefore be reviewed.

How detailed should a will be?

A will should be detailed enough to express your intentions clearly without unnecessary complexity. The appropriate level of detail depends on your family, property, and legal circumstances.

What should I gather before making a will?

Gather information about your family, intended beneficiaries, executor choices, major assets, previous wills, and separate beneficiary designations. This information helps you make informed decisions about what provisions belong in the will.

Final Takeaway

When asking “what to include in a will,” think beyond simply naming who should inherit your property.

A well-organized will should provide a practical framework for administering the estate.

At a minimum, carefully consider:

• Who you are
• Who should administer your estate
• Who should inherit
• What specific property should go to particular people
• Who receives the remaining property
• What happens if a beneficiary or executor cannot serve
• How important family circumstances should be addressed
• Whether separate beneficiary designations are consistent with your wishes
• How the document will be properly executed and stored

The strongest will is not necessarily the longest one. It is the one that clearly communicates legally effective instructions and reduces avoidable uncertainty for the people who will eventually administer the estate.

Before finalizing a will, make sure its provisions fit your circumstances and comply with the law applicable to you. Where the estate involves substantial assets, complex family relationships, business interests, multiple states, or potential disputes, professional legal review can help identify issues that a generic form may overlook.

Legal Disclaimer: This article is provided for general educational purposes only and does not constitute legal advice or create an attorney-client relationship. Will requirements, execution rules, inheritance laws, and estate procedures vary by jurisdiction and individual circumstances. Consult a qualified attorney for advice about your specific situation.