"I Just Need a Simple Will" — Why It’s Rarely That Simple

One of the most common things people say when they first reach out about estate planning is: “I just need a simple will.”

Most people aren’t being evasive when they say this. They genuinely believe their situation is simple — not because it actually is, but because they don’t yet know which legal issues matter.

From the client’s perspective, a will can look like a short document that names beneficiaries and an executor. From a lawyer’s perspective, will drafting is an issue‑spotting exercise that requires understanding family dynamics, asset structure, beneficiary needs, and how default inheritance rules operate if something is left unclear.

That disconnect is where many estate problems begin.

Why “Simple” Is Usually a Misunderstanding

People tend to define “simple” based on what they can see:

• No obvious family conflict
• No complicated tax planning
• No trusts or technical language

But estate planning complexity is often invisible at the outset. Clients don’t come in saying, “This distribution scheme could create litigation,” or “This beneficiary designation might override my will.” They come in saying, “Everything is straightforward.”

A will is not a fill‑in‑the‑blanks exercise. It is a legal document designed to operate after death, when the person who understood the plan is no longer available to clarify intent.

When a "Simple Will" Stops Being Simple

A will is rarely simple if any of the following are true:

1. Minor Children Are Involved

A will often controls:

• guardianship nominations, and
• how and when children receive assets.

  Because minors generally cannot inherit outright, even modest estates require careful planning to avoid unnecessary court involvement.

2. There Is a Blended Family or Prior Relationship

Second marriages and blended families raise immediate questions:

• Is the estate primarily meant to benefit a surviving spouse, children, or both?
• Are children from prior relationships protected?
• What happens if the surviving spouse later remarries?

Plans that feel “obvious” emotionally often require precise drafting legally.

3. Distributions Are Not Equal

Unequal gifts — even when intentional — are among the most common sources of estate disputes. A will that does not clearly structure and communicate intent invites conflict.

4. A Beneficiary Has Special Needs or Receives Benefits

A standard inheritance can unintentionally disqualify a beneficiary from public benefits. Avoiding that result requires planning that goes beyond a basic will form.

5. Real Estate Is Involved

Owning real property raises questions about:

• co‑ownership among beneficiaries,
• liquidity for expenses, and
• whether assets can or should be sold.

Even a single property can complicate administration.

6. A Business or Professional Practice Exists

Business interests raise issues of continuity, valuation, and control that a "simple will" is not designed to address.

7. Significant Assets Pass Outside the Will

Life insurance, retirement accounts, payable‑on‑death accounts, and jointly owned property often control the largest transfers. If these are not coordinated with the will, the will may not reflect the testator's dispositive wishes.

8. The Executor Choice Is Complicated

Out‑of‑state executors, family tension, bonding requirements, and administrative burden all affect how smoothly an estate is handled.

Why Estate Planning Requires So Many Questions

Clients sometimes worry that extensive questioning means the process is being overcomplicated. In reality, those questions are the work. Good will drafting is about identifying foreseeable issues before they become irreversible problems. A document that looks "simple" on paper but fails to anticipate real‑world complications often shifts cost, delay, and conflict onto the people left behind.

A Better Question Than “Do I Need a Simple Will?”

Instead of asking, "Can this be done with a simple will?"

A better question is, "What needs to be addressed so this plan actually works the way I expect?"

In practice, many of the most expensive estate problems don’t arise from complex plans — they arise from plans that were oversimplified too early.

Summary

Q: Do most people really need more than a simple will? 

A: Yes. Most people underestimate how family structure, asset ownership, and beneficiary designations affect how a will operates. What appears simple at first often requires careful drafting to avoid unintended results.

Q: Is a simple will ever appropriate?

A: Sometimes — but only after relevant issues have been identified and ruled out. “Simple” should be the conclusion of the planning process, not the starting assumption.