The Myth of the “Simple Will” in a Complex World
Many people come into our office saying they “just need a simple will.” It’s a phrase we hear all the time—and we understand the intention. You want something straightforward, and easy to understand. Something that ensures your belongings go to the right people when you pass. But in today’s world, “simple” doesn’t always mean sufficient.
In fact, in many cases, relying on a basic Will alone can lead to more confusion, cost, and conflict than you ever intended. Did you know you can even get others (your beneficiaries and loved ones) kicked off of benefits if you don’t leave their inheritance to them in the correct manner?
What a Will Does and Doesn’t Do
At its core, a Will is a legal document that lays out your wishes for what happens to your assets after you die. It names an executor (also sometimes referred to as a personal representative), identifies your beneficiaries, and specifies who gets what. That part is clear.
But here’s what a Will doesn’t do:
- It doesn’t avoid probate.
- It doesn’t help during your lifetime if you become incapacitated.
- It doesn’t protect your home or life savings from the cost of long-term care.
- It doesn’t prevent family disputes over care, inheritance, or decision-making.
So, while a Will might be part of your estate plan, it’s not the whole story. And it’s certainly not the best standalone strategy for many families today.
The Realities of Probate and Incapacity
Let’s start with probate. This is the court process that verifies your Will and oversees the distribution of your assets. Probate can be time-consuming, expensive, and public. Even with a valid Will, your family may be tied up in court for months or even years before they can access what you left behind.
Then there’s incapacity. A Will only takes effect when you pass away. It has no power while you’re alive. If you become ill or injured and can’t make decisions for yourself, or take care of young children, a Will won’t authorize someone to pay your bills, manage your property, appoint a legal guardian, or make medical decisions on your behalf. That requires powers of attorney, advance directives, and possibly more.
And for those who may need long-term care in the future (which, statistically, is most of us past a certain age) a Will offers zero protection against the high cost of nursing home care. Without the right planning in place, you could lose your life savings to pay for care before your heirs ever see a dime.
Why Trusts Are No Longer Just for the Wealthy
In a more complex legal and healthcare environment, many families are turning to trusts as a better alternative. A properly drafted and funded trust can:
- Avoid probate entirely
- Allow someone you trust to manage your assets if you’re incapacitated
- Provide protection from nursing home costs with proper Medicaid planning
- Keep family matters private and out of court
- Set clear terms for how and when your beneficiaries receive assets
And it’s not just something for the ultra-wealthy. A trust is often the simplest way to keep things smooth for your loved ones, especially when life gets complicated.
There’s nothing wrong with wanting simplicity. But in estate planning, real simplicity isn’t found in a bare-bones document. It’s found in clarity. In giving your family a clear path forward when things are hard. In protecting what you’ve built and easing the burden for the people you love.
