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

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. We offer our top tips for avoiding Wills disputes and ensuring that executors are able to pass on an estate to the beneficiaries promptly and efficiently.

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 Wills solicitor will go through each stage of the Wills 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

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 will also give 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.

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 solicitor may offer storage. They will let you have a receipt and this should be placed with your important documents. You should also tell your chosen executors where to find it.

There is a National Wills 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.

Update your Will regularly

You should review your Will around every two to three years and in the light of any major life changes, 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, while divorce means that any bequest left to your former spouse will not take effect.

Keeping your Will up to date will ensure that those close to you are provided for in the way that you want and in the way that they need, which can reduce the risk of arguments.

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

Your executors will be 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 together as 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.

Contact us

If you would like further information please contact one of our Wills and Probate experts.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.