Why worry about the simplicity of your two-page Will?
Life is messy. People pass away out of order, beneficiaries may fall ill, and relationships can change. A one or two page Will rarely provides for these realities. When events don’t follow that tiny script, beneficiaries end up arguing about interpretations, and executors and in some cases trustees, are left trying to administer an estate with their hands tied behind their backs.
There are countless cases where overly simple Wills have caused real hardship, but let me highlight just a few that left families dealing with unintended consequences:
1. No residue clause or backup heirs
When a Will leaves out who inherits the balance of the estate after specific bequests, or fails to name substitute heirs, assets can fall into intestacy. In one estate, the deceased’s estranged, financially reckless adult child inherited by default under the laws of Intestate Succession, simply because the Will didn’t say who should receive the residue. One overlooked clause changed the entire outcome.
2. Not revoking old Wills
If a Will does not include a revocation clause, all previous Wills must be read together to work out the testator’s intentions. This can cause confusion and conflict, especially in second marriages, where a former spouse may still be named in an older Will.
One forgotten sentence from the simple Will turned a simple estate into a battle.
3. Executors without proper powers
An overly simple Will often leaves executors without the authority needed to administer efficiently. They may need repeated permission from the Master, or even a High Court application, just to perform basic tasks.
In one estate, the Will didn’t authorise the executor to renew leases. A portfolio of rental properties intended to support the heirs sat empty because no one had the legal authority to sign leases with tenants. The executor eventually had to bring a costly High Court application, causing months of lost income and unnecessary stress.
A single missing paragraph from this simple Will cost the family thousands.
4. Testamentary trusts created for minors
We often encounter simple Wills that either make no provision for a testamentary trust for minor beneficiaries, or include only a few lines without clearly defining the trust’s objectives, termination or the powers of the trustees.
What many people do not realise is that the Will effectively serves as the trust deed for a testamentary trust. Those familiar with inter vivos family trusts will know that trust deeds are typically detailed documents, setting out trustee powers, objectives, and termination provisions. If these elements are not properly addressed in the Will, trustees will be left without the authority they need to act in the best interests of beneficiaries. In practice, this can limit their ability to make appropriate decisions and create unnecessary challenges in administering the trust.
In the end, a Will’s purpose is to bring certainty, not confusion. Spend a little more time crafting a clear, considered document to avoid unintended consequences. Let us help you draft a clear and robust Will.