Legal questions often arise during the preparation of even the simplest wills. Law details governing probate and inheritance vary in each state, so getting accurate answers to specific questions may take a consultation with an attorney. One example of how state law can affect the provisions in a will is in the case of divorce. If a person gets divorced and does not update his/her will, this can cause significant confusion during probate. In some states, the will is simply thrown out of court if the ex-spouse is still named as the beneficiary. Then, the property in the estate is divided among surviving heirs under "intestate" laws as if there was no will at all.

A stepchild must be specifically named in a will in order to inherit property unless the stepparent has legally adopted the stepchild. A child born to unmarried parents automatically has the right under the law to inherit from the mother. However, unless the father acknowledges paternity, the child may not have the right to inherit from him unless this provision is outlined in a will. A will should specifically identify each beneficiary by full name and last known residence. This clarification can help ensure that the instructions in the will are followed.