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Why a Will Alone May Not Be Enough

December 31, 2025

Many Missourians think estate planning is a one-off endeavor in which, once their will is signed, sealed, and delivered (so to speak), they are good to go. And while wills are highly effective estate planning instruments for many purposes, a will alone is not always enough to adequately protect an estate, especially for individuals with extensive and valuable assets. Many individuals would be better served by creating an estate plan that incorporates other estate planning instruments in addition to wills, and the best way to do that is to work with a Springfield estate planning lawyer. 

The Limitations of Wills in Estate Planning

Wills often serve as the centerpieces of estate plans. And while there is nothing wrong with that per se, wills are not necessarily a panacea for all estate planning concerns. Many individuals are unaware of the limitations of wills, some of which are:

Wills Control Only Probate Property 

You may be surprised to learn that “probate” is not a catch-all term for everything you own that gets passed to your heirs when you die. Rather, probate property generally refers to property titled solely in the decedent’s name at death with no survivorship provisions or beneficiary designations. In other words, probate property is property that does not automatically transfer to someone else via contract, survivorship mechanism, or other operation. 

Common non-probate assets include: 

These assets often comprise a substantial portion of a decedent’s estate. As such, a will alone usually is not as effective for controlling the distribution of a decedent’s entire estate as many think it is. 

Non-Probate Transfers Bypass Wills

Wills are not “master instructions.” Since wills apply only to probate property, non-probate property passes directly to the named beneficiaries (or joint owners) regardless of what the will says — even if the will is newer. This can lead to a number of undesirable outcomes. For example, assume that you list a sibling as a beneficiary of your retirement account. You later get married and draft a will leaving your entire estate to your new spouse. However, you forgot to update the beneficiary designation on your retirement account. In that scenario, your retirement account would pass to your sibling, as it is a non-probate transfer that bypasses your will. 

Wills Are Ineffective for Crisis Planning 

Wills have no effect during the testator’s lifetime. While that may seem like such an obvious point that it’s barely worth mentioning, it has important implications. Estate planning is about more than just what happens after you die; it’s also about ensuring that your needs are met while you’re still alive through crisis planning, including planning for incapacity. You should make a plan now for how you would like your affairs to be managed in the event of your incapacity, whether due to age, illness, or accident.

The most effective tool for incapacity planning is a durable power of attorney, a legal mechanism that allows you to name another person as attorney-in-fact to handle your affairs in the event that you are unable to do so. With a durable power of attorney, you can grant your attorney-in-fact the authority to handle both medical and financial matters in accordance with the instructions you leave for them, making it a much more effective tool for elder planning than a will. For more information about what you can do with a durable power of attorney, speak to a Springfield estate planning lawyer. 

Probate Is Public

Probate proceedings are public in Missouri. That means that, from the moment your will is admitted to probate, anyone can access your estate’s information, including your will itself, inventories of your property, debts you may owe, and the names of your beneficiaries, among other potentially sensitive information. Many individuals are understandably uncomfortable putting such information on display for public inspection. Unfortunately, wills cannot ensure privacy. Non-probate tools, such as trusts, avoid potentially embarrassing publicity, as the assets within them pass outside of probate.  

Wills Do Not Protect Assets From Creditors 

Probate assets are part of a decedent’s estate and therefore are accessible to creditors during the probate process. Wills, as well as other estate planning tools like revocable trusts, offer little to no protection from creditors. If you’re concerned about shielding your assets from creditors and other claims, you might be better served by passing your assets through an irrevocable trust, which generally offers much more protection against such liabilities. This is because the assets within an irrevocable trust are no longer considered part of your estate. Irrevocable trusts — especially spendthrift trusts — can also be a safer option for your beneficiaries, as your beneficiaries’ creditors cannot access the assets in the trust. For more information about incorporating asset protection considerations into your estate plan, please contact a Springfield estate planning lawyer. 

Wills Are Not Ideal for Installment Bequests 

Most wills distribute bequests to beneficiaries in lump sums. But lump sums may not be appropriate for all beneficiaries, such as financially irresponsible beneficiaries or beneficiaries who may squander a lump sum. For those beneficiaries, installment bequests may be the better option. And while installment bequests are permissible in wills, trusts are a much more practical way to effectuate such installments, as trusts operate outside of probate. One of the most common methods of marrying a will with an installment bequest is to incorporate a testamentary trust into the will that will take effect upon the testator’s death. 

Cover All Your Bases With Help From a Springfield Estate Planning Lawyer 

Wills are indeed powerful and effective estate planning tools, but they may not necessarily be the final word. To ensure that your estate plan distributes your assets according to your wishes — as well as protects you during your lifetime — you should work with experienced legal counsel to implement a comprehensive plan. To get started, please contact a Springfield estate planning lawyer at the LifeGen Law Group by calling 417-823-9898 or using our online contact form.

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