Have you ever said, “I just need a simple Will”?
It’s one of the most common phrases we hear, and it makes perfect sense. Most people aren’t trying to create anything complicated. They just want something sensible, affordable and done properly.
The problem? What sounds “simple” on the surface often turns out to be anything but. Let’s talk about why.
What people usually mean by “simple”
- When someone asks for a simple Will, they often mean:
- “Everything goes to my partner”
- “My kids can split it evenly”
- “I don’t have many assets”
- “My situation isn’t complicated”
- On paper, that can look straightforward. But Wills don’t operate on paper, they operate in real life, after you’re gone, when circumstances have often changed and emotions are high.
- That’s where the complexity creeps in.
Life rarely stays simple
- A Will might be signed today, but it may not take effect for decades. In that time, a lot can change:
- Relationships break down or new ones form
- Blended families evolve
- Children become adults (or don’t have capacity)
- Assets are sold, inherited or restructured
- Superannuation and insurance arrangements change
- Laws change
- A Will that was “simple” at the time it was made may no longer work as intended, or worse, may cause confusion, disputes or unintended outcomes.
The hidden traps in “simple” Wills
- Some of the biggest problems we see come from Wills that were meant to be simple but didn’t properly consider things like:
- Who dies first (or if people pass away close together)
- What happens if a beneficiary can’t inherit
- How superannuation is dealt with (it doesn’t automatically follow your Will)
- Guardianship of minor children
- Who controls the money for children and when
- Asset protection for beneficiaries who might be going through divorce, are disabled, have problems with addiction or financial problems
- What happens if your executor can’t act
- Making appropriate provision for their blended family
- Tax consequences
- Succession planning for businesses or trusts
- When these issues aren’t addressed, families are often left trying to interpret intentions, fill in gaps, or apply to the Court, all at a time when they’re grieving.
“Simple” doesn’t mean cheap in the long run
A Will that’s too simplistic or poorly drafted might save a bit of money upfront, but it can cost far more later.
We regularly see estates where:
- Executors need legal advice just to work out what the Will means
- Beneficiaries disagree on interpretation
- Applications to the Supreme Court become necessary
- Delays stretch on for months (or years)
Ironically, the more “simple” the Will, the more likely it is that someone else has to sort out the complexity later.
A good Will feels simple because the thinking has already been done
The goal of a well-prepared Will isn’t to make things complicated. It’s the opposite.
A good Will:
- Anticipates common scenarios
- Gives clear instructions
- Reduces ambiguity
- Minimises the risk of disputes
- Makes life easier for the people you leave behind
It often looks simple when it’s finished but that’s because the complexity has been carefully worked through before it ever needs to be used.
Simple intentions still deserve thoughtful planning
Wanting a “simple Will” isn’t wrong. Wanting clarity, efficiency and peace of mind is completely reasonable. The key is making sure your Will is fit for your life, not just your asset list. Because when it comes to estate planning, “simple” isn’t about how short the document is, it’s about how smoothly things run when it matters most.
If you’d like help understanding what a Will should cover for your circumstances, we’re always happy to have a conversation, no legal jargon, no pressure, just clarity.