Family disputes over wills

Disputes surrounding wills and inheritances are, unfortunately, a common occurrence within families, often tarnishing the bonds that tie everyone together.

Hidden beneath the legacies and bequests, particularly those of significant value, lie deep-seated emotions and vested interests that can inevitably lead to discord among the surviving family members.

In the event of a dispute arising from a will, such as a feeling of unjust exclusion, it can eventually become necessary to bring the matter before the courts. For instance, an unmarried partner may assert a claim for provision from the estate and, by demonstrating financial reliance on the the deceased, secure a portion of the estate.

The complexity of family wills

Family inheritances are inherently intricate due to the emotional and financial complexities woven into them. Often the division of assets, especially within diverse and multifaceted family structures, stirs up a range of emotions – grief, betrayal, envy, and many others. These emotions frequently lead to strained relationships or, in more extreme cases, irreversible family rifts. Such intense emotions often result in prolonged legal battles, as beneficiaries strive to obtain what they believe to be their fair share.

Engaging in legal disputes over wills tends to exacerbate already strained family dynamics and, by their very nature, come at a time of heightened emotion and grief. Historical evidence shows that family relationships can be irreparably damaged by these battles, both inside and outside the courtroom. Even previously amicable ties can be torn apart as hidden rivalries and resentments are brought to the forefront, often manipulated by external parties with their own interests at heart.

You might also be interested in…

• Contesting a will – how we can help
• Defending a will – how we can help

Can relatives dispute a will?

Relatives can dispute a will if they believe it is invalid, typically due to concerns about the deceased’s mental capacity, undue influence, or improper execution. Legal advice is often sought to navigate the complexities of contesting a will.

How do you resolve family conflict over inheritance?

Resolving family conflict over inheritance can be challenging but is essential for maintaining family harmony. Here are some steps to consider:

• Consult a solicitor experienced in inheritance law to clarify legal rights and potential solutions.
• Encourage all parties to express their feelings and concerns, ensuring everyone feels heard.
• Ensure that the deceased’s will is clear, current, and addresses potential areas of contention.
• Organise a meeting where the contents of the will can be discussed openly, ideally before the benefactor passes.
• Engage a neutral third-party mediator who can help guide discussions and offer solutions.
• Family therapy can help address deeper-seated issues and improve communication.
• All parties may need to adjust their expectations and find middle ground.
• Ensure that any agreements made are documented in writing to avoid future disputes.
• It’s important to remember the value of family relationships and not let disputes over material possessions cause irreparable damage.