I Wanted a Simple Will
Most people think their Last Will and Testament is a “simple Will.” After all, it’s simple to them; they know how they want their property to pass after they’re gone. But sometimes, it’s not so simple to others, and since the person whose Will it is won’t be around when the Will is put to the test, the Will must detail the person’s intentions so that there is no room for confusion or interpretation.
In my experience, when a client verbalizes to me that they want a “simple Will,” when the client says that phrase to me during the course of a consultation with me – their Will is anything but “simple.”
By definition, a “simple Will” is a Will that leaves the person’s entire estate to their spouse or to their children, equally, without a trust. In other words, wording such as “to my spouse or if my spouse fails to survive me to my children, equally” is a “simple Will.”
When a client wishes to leave their estate to multiple beneficiaries in differing percentages or dollar amounts, when a client wants certain people to have their inheritance held in trust – the Will is not simple. For instance, a classic example of what a client believes to be a “simple Will” might look something like this:
- I give the sum of $2,000 to St. Ann’s Church for the purpose of saying masses for the repose of the soul of Me;
- I give the sum of $10,000 to my Brother.
- I give the sum of $10,000 to my Sister.
- I give the sum of $5,000 to my Neighbor.
- I give the sum of $5,000 to my Friend.
- I give 75% of the residue of my estate to my nieces and nephews.
- I give 25% of the residue of my estate to my great-nieces and great-nephews.
This Will is not simple, yet it is this type of Will that a client who says they want a “simple Will,” almost invariably, has in mind.
Now, don’t get me wrong, I enjoy drafting complex Wills. Drafting simple Wills can become a bit mundane for me. And a complex Will doesn’t cost any more or much more than a simple Will in most instances. At least, I don’t charge much more, and I don’t believe that I charge much for simple Wills.
What bothers me when a client says they want a “simple Will” is that in my experience the client appears to be attempting to convince me that their Will is simple when, deep down, they really know that it’s not simple. So, the client is approaching the task of drafting a Will from a bad angle.
Their Will is complex. But just because it’s complex doesn’t mean that it can’t be drafted in such a way as to clearly carry-out their intentions. And, just because their Will is complex doesn’t mean that it’s going to cost them an arm and a leg.
When I do draft the client’s “simple Will” and mail it to them for their review, almost invariably – and it only happens with those clients who specifically mentioned to me during the consultation that they wanted a “simple Will” – the client calls my office and tells me that the Will I sent was too complicated and they wanted a “simple Will.” Often, they’ll compare the Will I mailed to them to their old Will. The client might even begin to read from his old Will, as if to let me know how “simple” their old Will is.
Their old Will probably isn’t a simple Will either. And, they probably didn’t like their old Will, or feel comfortable with their old Will, when it was new. But, in my opinion, over time, they have become use to and comfortable with their old Will; the old Will feels like home to them now.
As I said, I actually enjoy drafting complex Wills and I don’t charge much to do it. I like a challenge, and I like drafting a Will so that a client’s intentions are carried-out after their death, so that there is no room for confusion.
What I don’t enjoy is trying to accomplish the impossible, that is, making a complex Will a simple Will. In order for me to help people carry-out their intentions, they have to be willing to accept the true nature of their intentions. Calling a complex Will a simple Will isn’t going to make it true. It’s just going to make the drafting process more difficult.