Wills:
Your Voice When It Matters Most
A Will is one of the most important legal documents you can create — yet most people put it off. It's the document that tells the world exactly what you want to happen to your property, who you want raising your children, and who you trust to carry out your wishes. At Yardley Estate Planning, we make getting it done simple, clear, and personal.
What Is a Will, Exactly?
A Will — formally called a Last Will and Testament — is a legally binding written document that spells out how you want your property distributed after you die. It names the people and organizations you want to benefit from your estate, designates who will manage that distribution (your executor), and — critically — names a guardian for any minor children.
In Pennsylvania, a valid Will must be signed by you and witnessed by two people. It doesn't need to be notarized to be valid, but a "self-proving" affidavit (signed before a notary) makes the probate process smoother for your executor.
Without a Will, you die "intestate" — and Pennsylvania's intestacy laws decide everything for you, based on a fixed legal formula that may have nothing to do with your actual wishes.
More Than Just "Who Gets What"
Name a guardian for your children. If you have minor children, this is the single most important thing a Will does. Without one, a court decides who raises them — without knowing your wishes.
Choose your executor. Your executor is the person responsible for gathering your assets, paying debts, filing final tax returns, and distributing your estate. You want someone you trust — not someone the court appoints.
Control the timing of inheritances. You can direct that assets be held in trust for children until they reach a certain age, rather than being handed over all at once.
Provide for people who depend on you. From spouses and children to aging parents or a disabled sibling, your Will can be structured to make sure the people who rely on you are protected.
With a Will vs. Without One
The contrast between dying with a valid Will and dying without one is significant — for your family, your finances, and the people you love.
You stay in control — even after you're gone.
- You choose who inherits your assets and in what proportion
- You name the executor you trust to manage your estate
- You designate a guardian for your minor children
- You can set conditions on inheritances (e.g., age requirements)
- You can include specific gifts — family heirlooms, charitable bequests
- The probate court confirms and oversees your instructions
- Your family has clarity and a legal roadmap to follow
Pennsylvania law decides — not you.
- State intestacy laws determine who gets your assets
- The court appoints an administrator for your estate
- A judge decides who will raise your minor children
- Assets may pass to people you wouldn't have chosen
- No specific gifts — everything follows the legal formula
- The process is often slower, more expensive, and more contentious
- Your family is left guessing what you would have wanted
Ready to stop putting it off? Getting a Will in place is simpler than most people expect. Let's talk.
Let's TalkProbate Assets vs. Non-Probate Assets
Here's something many people don't realize: your Will only controls certain assets — those that pass through the probate process. A significant portion of most people's estates passes outside of probate entirely, through beneficiary designations and account titling. Understanding this distinction is essential to making sure your plan actually works.
Controlled by Your Will (Probate Assets)
Assets titled in your name alone — such as individually owned real estate, bank accounts without a beneficiary designation, personal property, and business interests — pass through your Will and the probate process.
Life Insurance Policies
Proceeds from life insurance pass directly to the named beneficiary — completely outside your Will. If your beneficiary designation is outdated or incorrect, your Will cannot override it.
Retirement Accounts (401k, IRA, Pension)
Accounts with a named beneficiary — including IRAs, 401(k)s, and pension plans — transfer automatically at death. These are governed by ERISA and federal tax law, not your Will.
Assets Held in a Living Trust
Property you've transferred into a revocable living trust passes according to the trust document — not your Will. This is one of the main reasons trusts are used to avoid probate.
Jointly Owned Property
Real estate or accounts held with right of survivorship transfer automatically to the surviving co-owner. This happens by operation of law — your Will has no say in the matter.
Why This Matters: Keeping Everything Aligned
A complete estate plan coordinates your Will, your beneficiary designations, and your account titling so they all work together. Outdated beneficiary designations are one of the most common — and costly — estate planning mistakes we see.
Sometimes hearing it explained out loud makes all the difference. Watch this short video from Michael J. Garry for a clear, plain-English overview of what a Will is, what it covers, and why every adult needs one — regardless of wealth or age.
What Is a Will & Who Needs One?
A will is one of the most important documents every adult should have — regardless of wealth. Learn what a will includes, why it matters, and how simple the process can be to protect your loved ones and make sure your wishes are carried out.
The Short Answer: You Do
We hear every reason people give for not having a Will — "I'm too young," "I don't have enough assets," "I'll do it later." None of them hold up. Here's who especially needs one in place today.
Parents of Minor Children
If you have children under 18, a Will is not optional. It's the only document where you can legally name a guardian. Without it, a judge makes that decision for you.
Married Couples
Spouses don't automatically inherit everything in Pennsylvania. Without a Will, a portion of your estate may pass to your children or other relatives — even if that's not what you wanted.
Property Owners
If you own a home or real estate, a Will (or trust) is essential to ensure your property passes to the right person without unnecessary court involvement or family conflict.
Single Adults
If you're not married, state law may pass your estate to relatives you're not close with — or even to the state itself. A Will lets you direct your assets to the friends, partners, or causes you actually care about.
Blended Families
When there are stepchildren, children from prior relationships, or complex family dynamics, a Will (often paired with a trust) is essential to make sure everyone is treated the way you intend.
Anyone Who Cares About Someone
If there's a person, pet, charity, or cause you want to provide for when you're gone, a Will is how you make that happen. It's one of the most caring things you can do for the people you love.
Let's Clear a Few Things Up
There's no shortage of myths about Wills. Here are the ones that come up most often in our conversations with clients.
"I'm too young to need a Will."
Illness and accidents don't check your age. If you're over 18, you have assets or dependents, or you simply want to control what happens to your belongings, you need a Will. We see clients of every age — and the younger ones are often the most relieved after they're done.
Any adult with people or things they care about benefits from having a Will.
The cost of not having one — emotionally and financially — almost always exceeds the cost of creating one. A basic Will is one of the most accessible legal documents there is.
"My Will covers all of my assets."
Not necessarily. Life insurance, retirement accounts, and jointly held property all pass outside your Will. If your beneficiary designations don't match your intentions, your Will can't fix that — and the conflict can be costly and difficult for your family to resolve.
A Will and updated beneficiary designations work together — one without the other leaves gaps.
We always review beneficiary designations as part of our process. It's one of the most important steps — and one of the most commonly skipped by people who draft their own documents online.
"Online Will services are just as good as working with an attorney."
For some very simple situations, a template Will may be technically valid. But it won't ask the right questions, won't catch the gaps in your plan, and won't coordinate with your broader financial and tax situation. We regularly help clients fix problems created by do-it-yourself documents.
A Will is only as good as the thinking behind it — and that's what we're here for.
Working with an experienced estate planning attorney means your Will is built around your actual life — your family, your assets, your goals. It also means someone is accountable for getting it right.
Have questions about your specific situation? We're happy to walk you through what a Will can and can't do for you — no pressure, no obligation.
Let's TalkGetting Your Will Done — Simply and Correctly
We've helped hundreds of families in Yardley, Newtown, and across Bucks County get their Wills in place. Here's what working with us looks like.
We Learn About You
We start with a conversation about your family, your assets, your wishes, and any concerns. No forms, no jargon — just a real discussion.
We Design Your Plan
We recommend the right documents for your situation — whether that's a straightforward Will or a Will paired with a trust and supporting documents.
We Draft & Review
We prepare your documents and walk you through every provision so you understand exactly what you're signing — and why each piece matters.
We Stay With You
Life changes. We offer ongoing support and reviews to make sure your Will stays current as your family, finances, and wishes evolve.
Don't Leave Your Family Without a Plan
A Will is one of the kindest things you can do for the people you love. It removes uncertainty, prevents conflict, and makes sure your wishes are honored. We're here to make it straightforward, personal, and done right — for families throughout Yardley, Newtown, and Bucks County.