A will isn’t simply there to ensure your assets pass on to the right people. It’s also there to safeguard your surviving family against a turbulent and emotionally debilitating experience in the wake of your death. It enables you to put the right plans in place to ensure they feel guided and protected during a difficult time.
How to Avoid Family Inheritance Wars
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But wills can also cause problems. At times, they can feel unjust – as though a particular individual has been overlooked, a promise unfulfilled, or a special asset unacknowledged. Wills can be the cause of significant and, at times, irreparable familial disputes, even if they were written with the very best of intentions.
It’s far better to prepare your will against those problems than to hope they will resolve themselves. When you are no longer around to explain your reasons or justify your decisions, your loved ones face an emotional wound that cannot be healed.
Here’s what you need to know about creating a will that helps, rather than undermines, your family unit.
Write your will with the guidance of a solicitor
While DIY wills are commonplace these days, they put great pressure on you to satisfy the many complex requirements of inheritance law. Even the smallest mistake can snowball into a lengthy process of contesting your wishes and your loved ones having to open a lengthy case with will dispute specialists.
Communicate your wishes in good time, and don’t deviate
Talking about death and inheritance is often seen as a taboo – a subject to avoid as much as possible, and leave to the will to sort out after your death. This position is understandable, but it’s also a mistake – by preparing family members ahead of time, you can explain yourself and avoid any rifts from opening up when you’re no longer there to heal them.
At times, certain family members may feel as though they’ve been given the short straw or envious of another relative’s inheritance. It’s very important that, as much as possible, you stick to your decision and avoid any prolonged back-and-forth that has you amending your will to appease them. Your decisions are backed by firm reasoning, and any changes you make to your will after revealing your wishes to those involved will open the door for further disputes. They may also mean that, after your death, another relative contests the will on the claim that you were coerced or unduly influenced to make those changes. Remember that it’s a slippery slope, and it’s always best to remain firm in the face of disappointment, sulking, and arguments.
Make sure it’s up to date
It’s a common misconception that testators can write and sign their will, then leave it with their solicitor to be brought to light as and when the time comes. In reality, wills need to be redrafted several times throughout a single lifetime to reflect significant changes. These changes can vary from the purchase (or inheritance) of an additional asset – say, a second property – to an additional family member (or, by contrast, a divorce).
Anything that would impact the amount of inheritance you leave behind or the people you want to benefit from your inheritance must be acknowledged with an updated will.
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