Arguments over inheritance are far more common than many of us realise, and they can be much more devastating to a family unit than any of us anticipate. This really is a worst-case scenario – something that will compound the grief your loved ones are feeling after your death and lead to a spike in anxiety, anger, and every other negative emotion that can drive a long-lasting wedge between loved ones.
At times, these disputes are impossible to pre-empt – they may be borne of a misunderstanding over who was due to inherit what or simply a result of emotions running high and causing small discrepancies to feel like major slights. Many of these issues will subside on their own, but others will require the help of a solicitor to navigate the process of contesting a will in the courts.
A lot of the time, however, it is possible to safeguard your will (and beneficiaries) against the risk of a dispute and to ensure that all your wishes can be met without friction or resistance. Here are three signs that a dispute is on the cards.
- Everyone has differing expectations
It’s hard to keep everyone happy – even giving equal treatment to every one of your beneficiaries can represent its own kettle of fish in some families. However, there is a very big difference between sticking to your guns and listing every one of your wishes whether they align with everyone else’s to a T and setting your loved ones up for a heavy fall.
It’s hard to talk about death and inheritance – especially if there are some inconsistencies between your wishes and the wishes of others. However minor (or major) they are, practising openness and frank communication is key. If you keep everything under wraps, then there’s a real risk of genuine disappointment and heartbreak when the time comes to it.
From a practical perspective, it may also be the case that your loved ones are dependent on what they think they stand to inherit. They may plan their financial futures over something that doesn’t come to fruition.
That’s not to say you shouldn’t stick to your guns, but that being upfront about your plans is better for everyone in the long run.
- You have complex family dynamics
A will can only do so much, and complex dynamics can be capable of complicating grant of probate of even the most clear and comprehensive wills.
When this is the case, the very best thing you can do is work with your solicitor to strengthen your will against ambiguities and misunderstandings. It may not prevent all arguments, but it will represent an inarguable fact over which none of your family members can justify fighting.
Pre-empting potential areas of controversy and appointing an executor for your estate whom you trust will both help to minimise the impact existing disputes have on your will.
- You haven’t updated the will in a long time
Wills need to be replaced with new, more up-to-date, and accurate versions as the years go by. New children and grandchildren, new assets, lost relationships, and changing dynamics all mean that you need to revisit your plans for the future and re-think what (and how much) your beneficiaries should receive from your estate.
If your will has been left to go out of date for a long time, then there’s a very strong chance it will fail to meet expectations when you die – and, as a result, family members will fall out. If you last updated the will after the birth of a new grandchild, for instance, but, in the intervening time, another of your children has had a child of their own, then that new child’s absence from the will is going to be very keenly felt.
Stay on top of life as it ebbs and flows, and revisit with your solicitor regularly.
