Most of us prefer to think that our families aren’t the sort to fall into a big, disruptive row over who should inherit what. It’s easier to imagine that, when the time comes, the practical matters of money and possessions will fall into place – and, beyond that, it’s easier not to think about it at all.
But we also know that families can suffer lasting damage caused by arguments over inheritance, even if they represented a strong unit before the death of a loved one. Plenty of people have died feeling safe in the knowledge that the matter of inheritance will be a simple one but, unfortunately, there have been plenty of instances where that turns out not to be the case.
Here are a few key reasons why families end up arguing over their inheritance, and how to prevent that from happening to yours.
The Will is Poorly Written (or is Invalid)
Wills created with the help of an experienced solicitor rarely fall into this category, but recent years have seen a rise in the number of people looking to create a DIY will using an online service or mail-order kit.
In either case, it’s common for these wills to be rife with clerical issues – often concerning witnessing – or to be rendered invalid. When this is the case, family members may turn to will dispute solicitors to resolve the issue, potentially leading to a lengthy court battle. In other instances, the testator’s assets will be subject to the rules of intestacy, meaning some who were close to the deceased will miss out.
Disinheritance Comes as a Surprise
Parents are perfectly within their rights to leave certain children out of the will, and effectively ‘disinherit’ them. In some cases, this may not come as a surprise – but, in others, it can represent a major, unexpected blow.
To avoid this, and any disputes arising between siblings – some of whom may have received their inheritance – it’s best to discuss your reasons with your child in good time. If not, your surviving family may never be able to ‘bounce back’ and re-establish lost connections.
Pre-Existing Conflicts
Any conflicts that already exist between your loved ones are likely to be magnified after your death. Sibling rivalry is a significant catalyst for disputes over inheritance, as well as pre-existing conflicts between your current partner and an ex-spouse, for instance.
Again, talking to them in good time – trying to work through the conflict, to manage expectations ahead of time – is the best thing you can do for the family unit. In many cultures, talking about death is considered taboo, but it helps to remember that death is a certainty whether we mention it or not, and that it’s far healthier to prepare and present as united a front as possible.
The Inheritance is Substantial
Larger inheritances are often more likely to lead to heated debates and disputes than more modest estates. For obvious reasons, individuals stand to gain more from the former – and, if the will isn’t as expected, or someone else inherits a larger portion of the estate, fights can easily arise.
As you prepare your will, working with a solicitor by your side is the best way to ensure that you anticipate any potential issues, and try to protect against them in a document that will do its job exactly as intended when the time comes.
