Jimerson Law Firm, P.C.

Is There Anything That Can’t Be Included In A Will?


There are somethings wills should not include, but they are very legalistic, such as tying up assets for a prolong period is called the Rule Against Perpetuities. This is very complicated and I don’t expect anyone to fully understand it because the Courts without direction don’t understand it. Illegal restrictive covenants should not be placed in wills because they may be unenforceable by law.

How Often Should People Give Their Will A “Check-Up”?”

We always encourage people to give their wills a checkup when life events changes. As a guide, we say at least once a year.

What Are Some Common Reasons Or Life Events That Prompt People To Revise Their Will?

There are many reasons for revisions of wills. Some are: the death or incapacitation of a spouse; a personal representative (Someone that brings your will to court) has died or fallen out of favor with the Testator; divorces, uncontrollable children or spendthrifts. The list goes on but should never be ignored.

Who Are The Necessary Parties Involved In Creating A Will?

You need a creator of the will called the “Testator;” a person that will be representing the will in Court called the “Personal Representative”, beneficiaries of the will (“Heirs/beneficiary); and two people that will attest to you acknowledging and signing the will in their presence (Witnesses).

What Happens After Someone Who Has A Will Passes Away? What Is The Process?

This process is called “Probate.” Probate’s primary function is to clear title to property and dispose of assets in compliance with the Testator’s directives under the will if possible.

Where Should A Will Be Kept Or Stored?

It depends. We tell people to store it where it can be reasonably found. The only reason some lawyers are against safety deposit boxes is that the banks will not allow access once it’s determined the owner has died.

How Long Does It Take To Create A Will And Is It Expensive?

The use of the computer has drastically decreased the wait time to create a will as well as decreased the cost in preparation. The costs should always be reasonable but we give caution to purchasing preprinted wills. They are not drawn specifically to your need and some of the clauses may not be state enforceable.

What Makes You Different / Unique / Particularly Suited To Do This Kind Of Work?

There’s nothing “unique” about us in terms of advising and drafting of will. We love imparting our knowledge and empowering those to receive full knowledge of their actions. Every lawyer should strive to ensure that the client is being represented to the fullest of their ability. This includes constant education on the laws and applying those new principles when applicable.

For more information on Exclusions In A Will, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (314) 786-3536 today.

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