Keeping the Peace: Avoiding Will Disputes

In this post we offer a guide to avoiding Will disputes helping to ensure that executors are able to pass on an estate to beneficiaries promptly and efficiently.  Will disputes are more than just legal hurdles; they are emotionally exhausting conflicts that can drain an estate’s funds and fracture family relationships for years. When a disagreement arises after a death, emotions often cloud the administration process, leading to lengthy delays and rising legal costs.  

If a disagreement arises after someone’s death, it can quickly escalate at a time when emotions are running high and those involved may have different opinions as to what the deceased wanted to happen.  Here are some tips for avoiding Will disputes.

1.     Use a professional to draft the Will

This is the single most effective way of avoiding Will disputes and preventing future litigation. While “DIY” or homemade Wills may seem cost-effective, they are notorious for causing legal disagreements. A professional Will writer will go through each stage of the Will drafting process carefully, including:

• Taking detailed instructions on what you want to achieve
• Making suggestions about the best way to provide for beneficiaries, for example, if some are under 18
• Ensuring your estate is structured in the most tax-efficient way possible
• Avoiding the sideways disinheritance trap, where family members could lose out if someone remarries or leaves their estate elsewhere after inheriting money
• Advising on the implications of leaving family members out of a Will and the risks of Inheritance Act claims
• Drafting a professional document that is clear and unambiguous
• Ensuring the individual making the Will has the mental capacity and understanding to do so and writing file notes explaining the steps taken to reach this conclusion
• Going through the Will with the person signing to ensure they understand and approve the contents
• Ensuring that the Will is correctly signed and executed
• Advice on storing the Will to keep it safely and ensure that it can be found when needed

2.    Communicate Openly With Your Loved Ones

Discussing your wishes with family members can prepare them for your decisions ahead of time. By doing this, you avoid sudden shocks that often lead to heated arguments in the future.

Crucially, if loved ones understand your reasoning, they are far less likely to pursue legal action. In addition, these individuals can testify to your true intentions if your Will is ever challenged.

Open conversations allow you to ask your chosen executors if they accept the role. Similarly, you should discuss your expectations with any appointed trustees or guardians. Ultimately, transparency today prevents confusion and resentment tomorrow.

3.     Store your Will somewhere safe and make sure it is easy to find

Having made a Will, it is essential that it can be found when the time comes. Your will writer may offer storage. They will give you a storage certificate and this should be kept with your important documents. You must also tell your chosen executors where to find it.

There is a National Will Register, and you can notify them of the Will’s location. If your Will cannot be found, a solicitor will routinely make enquiries of the Register as part of their investigations.

4.     Review and Update your Will regularly

You should review your Will every three to five years. Additionally, update it following any major life changes. For instance, consider the birth of a child or grandchild. Similarly, account for the death of a beneficiary or executor.

Significant shifts in your financial circumstances also require a review. Furthermore, you must create a new Will if you marry or divorce. Importantly, marriage usually makes an existing Will invalid. However, this is not the case if made in contemplation of the marriage.

Conversely, divorce stops any gift to a former spouse from taking effect. Ultimately, keeping your Will current ensures your loved ones are properly protected. Consequently, this proactive approach greatly reduces the risk of family arguments.

5.     Choose executors who can work effectively

Your executors are responsible for winding up your estate. This can be a complex job and it is generally very time-consuming. You need to make sure that your executors will be able to deal with the responsibility. They can ask a probate solicitor to take on the bulk of the work, but it is still important to ensure that your executors are likely to get along.

There will be decisions to be made, for example, agreeing on the sale price of assets such as property and other valuable items and choosing solicitors and estate agents. The executors should also have a good relationship with your chosen beneficiaries as well as with other individuals appointed in the Will, such as trustees and guardians.

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