What is the problem with planning based on using a will? The problem with will based planning although it is a plan, so from that perspective it is good, is that it does not provide for disability planning. It does also lead us directly into probate which is that court process we are seeking to avoid. In addition to that it does not provide for the privacy of the parties involved. A probate is a public process and since in public process, anybody who has the ability to go to the court house can receive information about the person who has passed away and learn how much assets to whom and the way those assets have been transferred to each and every individual that is listed on that person s will.