Legal Question in Wills and Trusts in California

What are the main differences between a simple will and a complex will?


Asked on 1/26/11, 10:26 am

1 Answer from Attorneys

Jonathan Reed Reed & Mansfield

There is no statutory definition of a simple versus a complex will.

However, one way to divide wills into simple and complex is to ask whether the will requires anything other than collecting and distributing assets after the testator (will writer) dies. Suppose you have a 5 year old child and substantial assets. In your will you might provide for a trustee to take care of the child's money if you die before the child reaches a certain age. That provision would be a "testamentary trust" that was contained in your will. That would certainly make the will complex. I personally, would recommend a trust in such a situation instead of a will and I discuss wills versus trusts on my website, www.probatenevada.net

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Answered on 1/27/11, 2:44 pm


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