10 Critical Items Most People Forget in a Will
Is your will missing a key element? Discover the often-overlooked assets—like digital accounts and pets—you must include to ensure nothing is left unprotected for your heirs.
10 Critical Items Most People Forget in a Will
November 27, 2025
Creating a will is one of the most important steps you can take to protect your loved ones and ensure your wishes are honored after you're gone. Yet many people approach will creation with a checklist mentality, covering only the basics while overlooking critical elements that could significantly impact their legacy.
This comprehensive guide explores ten commonly forgotten elements that should be included in your will, whether you're creating a legal will online in the United States, United Kingdom, or Australia. By addressing these often-overlooked aspects, you can create a more complete estate planning online strategy that truly protects what matters most.
1. Digital Assets and Online Accounts
In our increasingly digital world, your online presence represents a significant portion of your estate. Yet digital estate planning is frequently overlooked in traditional wills.
What to Include:
- Inventory of Digital Assets: Create a comprehensive list of your digital footprint:
- Social media accounts
- Email accounts
- Cloud storage
- Digital photos and videos
- Online banking and investment accounts
- Subscription services
- Domain names and websites
- Digital intellectual property
- Cryptocurrency and digital wallets
- Access Instructions: While actual passwords shouldn't be included in your will (which becomes public during probate), provide guidance on where this information can be found, such as in a digital legacy vault.
- Digital Executor Designation: Consider naming a specific person to handle your digital assets, as they may require different skills than your primary executor.
- Specific Wishes: Clarify what should happen to each type of digital asset:
- Which accounts should be memorialized?
- Which should be deleted?
- How should digital photos be preserved and shared?
- Who receives cryptocurrency assets?
The Digital Legacy Association emphasizes that without proper planning, many digital memories and assets may be lost forever or remain in digital limbo.
Meet your Legacy Assistant — Charli Evaheld is here to guide you through your free Evaheld Legacy Vault so you can create, share, and preserve everything that matters — from personal stories and care wishes to legal and financial documents — all in one secure place, for life.
2. Pets and Their Care
Many people consider pets family members but forget to make specific provisions for their care.
What to Include:
- Designated Caregiver: Name a specific person willing to take your pet
- Alternative Caregivers: Identify backup options if your first choice cannot serve
- Care Instructions: Document your pet's routines, medical needs, and preferences
- Financial Provisions: Consider leaving funds specifically for your pet's care
- Pet Trust Option: In the US, UK, and Australia, pet trusts are legal vehicles that can ensure funds are used specifically for your pet's benefit
Remember that without specific instructions, pets may end up in shelters or with people unfamiliar with their needs.
3. Specific Personal Items with Sentimental Value
While most wills cover major financial assets, smaller items with enormous emotional significance are often overlooked.
What to Include:
- Detailed Inventory: Create a specific list of sentimental items and their intended recipients
- Personal Messages: Consider including why each item is being given to that person
- Conflict Resolution Method: Establish a process for resolving disputes over items not specifically mentioned
- Digital Memorabilia: Don't forget digital items with sentimental value, like family photo albums stored in the cloud
A detailed personal property memorandum can be referenced in your will but updated separately, providing flexibility as possessions change.
4. Guardianship Details Beyond the Basics
Most parents name guardians for minor children, but comprehensive guardianship planning requires more detail.
What to Include:
- Primary and Backup Guardians: Name alternatives in case your first choice is unable to serve
- Temporary Guardianship: Designate someone who can care for children immediately while permanent arrangements are finalized
- Guardian's Authority Limits: Specify any restrictions on the guardian's decision-making
- Visitation Wishes: Express desires regarding children's continued relationships with other family members
- Values and Raising Instructions: Document educational, religious, or cultural considerations important to you
- Separation Considerations: Address whether siblings should remain together if multiple guardians are needed
This detailed approach applies in the US, UK, and Australia, though specific legal mechanisms may vary.
5. Funeral Instructions and Body Disposition
Many assume their funeral wishes will be known or honored without specific instructions, but this often leads to family confusion during an already difficult time.
What to Include:
- Burial vs. Cremation Preferences: Clearly state your wishes
- Specific Funeral Details: Document preferences regarding services, music, readings, and participants
- Pre-paid Arrangements: Reference any pre-paid funeral contracts
- Anatomical Gifts: Specify organ donation wishes or body donation for medical research
- Cultural or Religious Requirements: Note any specific traditions to be observed
While funeral instructions in a will may not be legally binding in all jurisdictions, they provide invaluable guidance to family members. Consider also recording these wishes in a separate letter of instruction that will be readily accessible before the will is formally read.
Protect your legacy with ease — create and securely store your will with Evaheld’s free online will maker in the Evaheld Legacy Vault, and share it safely with family or your legal adviser in minutes
6. Business Succession Planning
Business owners often address personal assets in their will but neglect detailed succession planning for their business interests.
What to Include:
- Succession Plan: Clearly outline who should take ownership or management roles
- Valuation Methods: Specify how the business should be valued if being sold or transferred
- Buy-Sell Agreements: Reference any existing agreements with partners
- Key Person Insurance: Note any insurance policies that may provide liquidity
- Transition Instructions: Provide operational guidance for immediate continuation
Business succession requirements vary between the US, UK, and Australia, particularly regarding tax implications, so jurisdiction-specific guidance is essential.
7. Digital Legacy Messages and Ethical Wills
Beyond distribution of assets, many people wish to leave personal messages or values statements—yet these are rarely included in traditional wills.
What to Include:
- Personal Messages: Individual letters or recordings for loved ones
- Values Statement: Documentation of the principles that guided your life
- Family History: Stories and information that might otherwise be lost
- Future Milestone Messages: Notes for future important events you'll miss
- Conflict Resolution Guidance: Wisdom that might help resolve potential family tensions
While these elements aren't legally binding, they often become the most treasured aspect of inheritance. A digital legacy vault provides an ideal platform for preserving these messages securely until they're needed.
8. International Assets and Considerations
In our global society, many people have assets or connections in multiple countries, yet these international elements are frequently overlooked.
What to Include:
- Foreign Assets Inventory: Comprehensive list of property, accounts, or investments in other countries
- Multiple Wills Strategy: Reference to any separate wills created for assets in different jurisdictions
- International Executor Powers: Specific authorization for executors to deal with foreign assets
- Jurisdictional Guidance: Notes on which country's laws should apply to specific assets
- Foreign Documentation: Location of birth certificates, marriage certificates, or other documents that might be needed internationally
For connections between the US, UK, and Australia specifically, note that while these common law countries recognize similar will concepts, specific requirements and tax implications vary significantly.
9. Tax Planning Provisions
While basic wills distribute assets, sophisticated estate planning online includes tax-efficient strategies that many standard wills overlook.
What to Include:
- Tax-Specific Bequests: Designations of which beneficiaries should receive tax-advantaged assets
- Charitable Giving Strategies: Structured donations that maximize tax benefits
- Trust Creation: Instructions for establishing trusts that provide tax advantages
- Estate Tax Elections: Guidance for executors regarding available tax elections
- International Tax Considerations: Notes on potential double taxation issues between countries
Tax implications vary dramatically between the US (with its estate tax system), the UK (with inheritance tax), and Australia (which has no direct inheritance tax but other relevant taxes), making jurisdiction-specific planning crucial.
Storing Your Comprehensive Will
Once you've created a will that includes these often-forgotten elements, proper storage becomes essential:
Physical Storage Options:
- With your solicitor/attorney
- In a fireproof home safe
- With your country's official will registry (where available)
Digital Storage Solutions:
- Secure will storage through online platforms
- Digital legacy vault services with appropriate access controls
- Cloud storage with proper encryption and shared access provisions
Ideally, combine approaches for redundancy while ensuring your executor knows how to access everything when needed.
Country-Specific Considerations
While the forgotten elements apply universally, certain legal aspects vary by country:
United States Considerations:
- Estate tax exemptions vary annually and by state
- Digital asset laws differ by state, with some having adopted the Revised Uniform Fiduciary Access to Digital Assets Act
- Holographic (handwritten) wills are recognized in some states but not others
- Self-proving affidavits can simplify probate in many states
United Kingdom Considerations:
- Inheritance tax applies at 40% above the nil-rate band threshold
- The concept of "reasonable provision" allows certain dependents to challenge a will
- Specific rules govern the witnessing of wills, with recent COVID-related modifications
- Digital assets guidance continues to evolve through case law
Australian Considerations:
- Each state and territory has slightly different requirements for valid wills
- Superannuation (retirement) accounts pass outside the will through binding death benefit nominations
- Family provision laws allow certain people to contest a will if not adequately provided for
- Informal wills may be recognized in limited circumstances
Conclusion: Creating a Truly Complete Will
A truly comprehensive will goes beyond basic asset distribution to address the full spectrum of your legacy—financial, digital, emotional, and practical. By including these ten commonly forgotten elements, you create an estate plan that not only distributes what you own but also communicates what you value and provides practical support to those implementing your wishes.
Whether you're in the United States, United Kingdom, or Australia, these principles apply, though the specific legal mechanisms may vary. By taking the time to address these often-overlooked aspects, you create a more complete legacy plan that truly protects what matters most.
Ready to create a comprehensive will that doesn't forget these crucial elements? Sign up for free to begin building your complete digital estate plan today.
Planning your will isn’t just about assets — it’s about protecting people, values, and clarity for those you love. Alongside preparing your legal documents, explore advance care planning resources to ensure your healthcare wishes are understood, and find gentle guidance for dementia support when planning for long-term wellbeing. Reflect on what truly matters through family legacy preservation resources, and digitise your legacy with a digital legacy vault that your loved ones can trust.
When the time comes to discuss your decisions, explore nurse information and care advice, and see how advance health directive tools help formalise your choices. For those seeking remembrance, discover thoughtful online tribute options, and read about great digital family legacy tools that make it easy. Begin early, act clearly, and protect your family’s future — peace of mind starts with preparation.
Made with love by the Holistic Legacy Hub