Every estate planning lawyer has seen it: clients who need testamentary documents drafted but can’t seem to get through the process. They start with good intentions, then get bogged down in paperwork and overwhelmed by options. This may result in potential clients resorting to online or homemade wills (the shortfalls of which we’ve discussed in the past) rather than experiencing the value that lawyers add to the estate planning process.
The problem may not be a lack of motivation. It could be unnecessary friction in processes that makes doing the right thing harder than it needs to be.
What is Sludge?
In their book “Nudge,” Richard Thaler and Cass Sunstein introduce the concept of “sludge”, which is the unnecessary friction that blocks behaviours that may be beneficial to an individual.
Sludge appears everywhere in our daily lives, making simple tasks unnecessarily difficult and discouraging us from doing things that would benefit us. Consider trying to cancel an internet service. You might face a maze of phone menus, long hold times, and representatives trained to convince you to stay. Or think about claiming a rebate that requires multiple forms, original receipts, and specific mailing deadlines. These aren’t accidents. They are sludge designed to reduce completion rates.
However, sometimes sludge is inadvertently created by companies or government entities that want you to do the right thing. For instance, many jurisdictions have tried to reduce sludge to increase organ donation rates.
Estate planning suffers from similar sludge problems. When we identify and eliminate this friction while implementing thoughtful nudges, we can improve client outcomes and practice efficiency.
Three Ways to Reduce Sludge in Estate Planning
An estate planning practice is as unique as the clients it serves, so there is no one-size-fits-all sludge reduction technique that will fit every practice. Consider the following examples and think about how they might be tailored to your practice:
1: Streamline Your Intake Process
Replace comprehensive intake forms with simple questionnaires covering only essential information to you, which can be supplemented during the initial consultation. Clients may abandon the process when faced with requests for detailed asset inventories and financial statements upfront. Instead, gather advanced details progressively as the relationship develops.
Create clear expectations from the first contact by providing clients with a simple checklist of what to expect at each stage. This transparency reduces anxiety and helps clients prepare mentally for a manageable process rather than feeling overwhelmed. When clients know exactly what’s expected of them and when, they’re more likely to follow through with appointments and complete the planning process.
2: Leverage Technology
Technology is often seen as a threat to the traditional practice of law, but in fact, it offers an opportunity to improve the client experience and reduce friction in a variety of ways.
One example is eState Planner, which exemplifies how technology can streamline the entire process. eState Planner uses interactive questionnaires that securely collect clients’ information, then automatically creates family trees and captures assets and debts. This eliminates the back-and-forth of gathering information through multiple meetings or phone calls.
Perhaps most importantly for client engagement, eState Planner generates client guides and graphic summaries alongside the legal documents. These visual representations help clients understand how their wills work, reducing confusion and increasing confidence in the process. When clients can see their estate plan illustrated clearly, they may be more likely to complete the process.
Beyond document assembly, scheduling tools like Calendly can eliminate the phone tag that often derails estate planning momentum. Allow clients to book their own appointments online, choosing from your available time slots. This removes the friction of coordinating schedules through multiple phone calls or emails. AI tools are also emerging to assist with client communication, draft review, and initial document analysis. You can listen to our recent podcast to learn more about AI tools that you might consider adding to your practice.
3: Eliminate Legal Jargon and Focus on Simple, Consistent Communication
George Bernard Shaw famously said that “the single biggest problem in communication is the illusion that it has taken place”. In this regard, a significant source of sludge in estate planning is communication that is inconsistent or that confuses rather than clarifies. While you might think you’ve communicated your message effectively, the other person may not have understood it as intended, or even at all.
Create visual aids and flowcharts that illustrate how different estate planning tools work. Many clients understand concepts better when they can see relationships and processes depicted graphically rather than described in lengthy paragraphs. A simple diagram showing how assets flow through a trust or how estate administration tax applies often accomplishes more than pages of explanation.
Develop standardized explanations and documents for common scenarios using plain English. When clients receive a clear, jargon-free explanation of what they’re signing and why it matters, they’re far more likely to move forward confidently rather than postpone decisions due to confusion or uncertainty.
The Results
Law firms that can successfully reduce sludge while maintaining quality gain significant competitive advantages. Clients increasingly expect streamlined, user-friendly professional services that respect their time and reduce complexity.
By identifying and eliminating unnecessary friction, you can help more families secure their legacies while building a more efficient practice. The estate planning process doesn’t have to be painful or overwhelming after all!
Thanks for reading,