Simple vs Complex Wills: Why the Details Matter

 

When most people think about writing a Will, they picture something straightforward — a few pages that say who gets what.


And for some, that’s exactly what’s needed.

But for others, even small details in their family, finances, or relationships can quickly turn a “simple Will” into a complex Will — one that needs more thought and careful drafting to make sure your wishes are actually carried out.

You might also like to read: Inside a Will:  What the Key Clauses Actually Do

What Is a Simple Will?

A simple Will usually suits someone who:

  • Owns assets in their own name (for example, a home, bank accounts, or personal belongings)

  • Has a straightforward family situation — such as a spouse or partner, and children who are all treated equally

  • Doesn’t have significant business interests, overseas property, or a family trust

  • Intends to leave their estate directly to individuals rather than through a trust

In a simple Will, the main decisions are about:

  • Who your executors are — the people who will manage your estate

  • Who will inherit your assets

  • Who you’d like to act as guardians for minor children

These Wills are generally shorter, easier to prepare, and more cost-effective — but only if the underlying circumstances are genuinely simple.

You might also like to read: What Happens If You Die Without a Will? 

What Makes a Will Complex?

A complex Will is needed when there are additional layers — legally, financially, or within family dynamics.

Your Will becomes more complex when there are factors such as:

  • A family trust that already owns or will receive assets

  • Business ownership or company shares

  • Overseas property or investments, which may be governed by other laws (such as forced heirship laws as is seen in European countries)

  • Blended families, step-children, or former partners who may have claims under the Family Protection Act 1955

  • Children or beneficiaries with disabilities, who may need special-purpose provisions or trusts

  • Loans or advances to family members that need to be clarified as gifts or debts to be repaid

  • Significant differences in wealth or need between beneficiaries

  • Desire to exclude certain individuals or provide differently between family members

In these cases, a Will isn’t just a formality — it’s a legal plan that coordinates with your trust deed, company shareholdings, enduring powers of attorney, and even your property ownership arrangements.

Why Full Disclosure Matters

When preparing your Will, it’s vital to give your lawyer a complete picture of your circumstances. That includes:

  • All of your assets — in New Zealand and overseas, including superannuation and KiwiSaver, especially if you've worked in Australia or the UK and have super in those countries as they work slightly different to NZ super

  • Any debts or loans

  • Who you consider part of your family or dependents (even if you don’t intend to provide for them)

  • Any business, partnership, or trust interests

  • The structure of your property ownership — for example, whether you own your home as joint tenants or tenants in common (your lawyer will confirm this for you)

These details aren’t about creating unnecessary complexity — they help ensure your Will is valid, practical, and effective.

Without them, you risk leaving behind confusion, delays, or even litigation for those you love.

(Related reading: Joint Tenants vs Tenants in Common – What’s the Difference?)

Why It’s Important to Get It Right

The real cost of a Will isn’t the piece of paper — it’s what happens if it fails to do what you intended.

A simple Will that doesn’t properly address your situation can:

  • Expose your estate to family claims or legal challenges

  • Create tax or trust complications

  • Leave assets “in limbo” if ownership structures aren’t clear

  • Cause tension between family members who interpret (or understood) things differently

A complex Will, on the other hand, allows your lawyer to tailor your planning — for example, by including testamentary trusts, loan forgiveness clauses, or directions about how existing family trusts and business assets should be handled. It may be necessary that you provide your own notes as to why you are making your Will in the way you are so that, when you are gone, your clear and detailed instructions remove questions of doubt or contradiction.  

The Bottom Line

Your Will is one of the most personal and powerful documents you’ll ever sign.  When you consider the value of the assets being dealt with, it makes sense to invest the time and money to get it right. 

Whether it turns out to be simple or complex depends entirely on your life story — your assets, your family, and your intentions.

By being open about those details from the outset, you’ll help your lawyer make sure your Will genuinely works — for you now, and for the people you love, later on.

Posted 16 days ago