What common mistakes can be avoided to prevent inheritance disputes?

Complications with your will can make an upsetting time for those closest to you worse, which is why it’s important you leave behind an up-to-date and detailed document that accurately reflects your wishes. Disagreements can still arise, but our team of experts highlights some of the common mistakes that can be avoided to help prevent inheritance disputes.

We all know of the importance of making a will, but it’s just as crucial that your will is detailed and accurately reflects your wishes. Having a bulletproof will that’s been professionally drafted can provide peace of mind, allowing you to rest assured that things will be taken care of once you’ve passed in such a way that you’re happy with.

There are times, however, where things in a will get challenged – someone may feel they’ve been unfairly left out, or someone could believe they deserved to inherit more, for example. There are many disagreements that can arise but preparation can be done beforehand to combat them, helping to minimise the risk of an inheritance dispute among those closest to you when you’re no longer around.

In our latest video that you can watch at the top of this page, our inheritance & trusts disputes specialists discuss some of the common mistakes they see that can be avoided to help prevent a dispute.

Failing to update your will after major life changes

Everyone should update their will after major life changes – marriage, divorce, new children, and maybe even a change in financial situation, for instance.

It’s likely that things change over time when it comes to leaving things to certain people, so it’s important these changes are reflected in your will. Failing to update your will regularly could leave somebody without something you thought they deserved, or it could leave someone an item that you no longer have.

Having an up-to-date will can help to avoid added confusion or upset, providing clarity on where you want things to go at the time of your death.

Failing to consider arrangements for blended families

Getting remarried and having a blended family can lead to making a will more complicated. There are more people involved and more decisions to be made, so it’s encouraged that professional advice is sought for such situations.

‘DIY wills’ & missing out on professional expertise

DIY wills seem like a great money-saver, when in reality they often lead to more costs further down the line because of the mistakes within them.

Mistakes typically include the will having not been properly witnessed and signatures in the wrong place. It’s also common to see that people haven’t taken advantage of tax efficiencies, involving amounts that significantly outweigh the money ‘saved’ by not having a professional draft the will.

Choosing the wrong executor to carry out your wishes

One of the hardest disputes to solve is when the wrong executor has been appointed.

For example, this can involve a group of siblings having been selected because it was considered the ‘fair’ way to do things, but actually none of them get along with each other and disagreements are frequent – if your executors can’t work together, it makes things increasingly difficult and unlikely that your wishes are respected.

In cases where you might struggle to choose, it is possible to ask a professional for guidance. Likewise, you could also appoint a professional executor who will carry out your wishes for you, potentially saving significant amounts of money that would’ve been used to cover legal costs throughout a long and stressful dispute.

Assuming all of your assets are covered by your will

It’s helpful to check that your will accurately reflects what you own. Over time, you buy things, sell things, lose things – if you pass on something that you no longer have, complications can arise.

It’s important to periodically review your will to ensure the details included are correct and still relevant.

Not talking to your family about your wishes

Everyone should speak to their family about what they’ve done in their will and what their wishes actually are. This way, shocks and surprises aren’t going to be coming out of the blue during an already distressing time following your death.

Without prior discussion, things are more likely to lead to a dispute because people have never really had a chance to verify certain wishes. Having a chat beforehand can really help to clarify the decisions that have been made.

If you have any questions about what can be done to avoid an inheritance dispute, please don’t hesitate to contact our expert team.

Our Legal 500-rated inheritance & trusts disputes team offer friendly but practical advice for what can be a complex area of law.