Peace of Mind: A Guide to Avoiding Will Disputes

Will disputes can be damaging to family relationships as well as draining an estate of funds and causing lengthy delays in the administration process.  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.

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 by far the most important recommendation. Homemade Wills are notorious when it comes to causing disagreements. They may be ambiguous and often do not deal with the estate correctly. 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.     Talk to your family

Discussing your wishes with your family members and other individuals who may be affected by your decisions can prepare them ahead of time. This will avoid shocks that could lead to arguments in the future. If your loved ones understand what you wanted to happen and why you made the choices you did, they are less likely to consider legal action. Those involved will also be able to testify to your wishes and intentions, should this ever be necessary. This also allows you the chance to ask your choice of executor whether they are happy to take on the role. You can also discuss your wishes with your trustees and guardians if you are appointing any.

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.     Update your Will regularly

You should review your Will around every three to five years and in the light of any major life changes.  Consider things such as the birth of a child or grandchild, the death of a beneficiary or executor or a major change in your financial circumstances. If you marry or divorce, you should make a new Will. Marriage makes any existing Will invalid, unless it was made in contemplation of the marriage.  Divorce means that any bequest left to your former spouse will not take effect. Keeping your Will up to date ensures that those close to you are provided for in the way that you want and in the way that they need.  This in turn reduces the risk of arguments.

5.     Choose executors who get along and who will be able to do the job 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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