The passing of a loved one is never easy, and the grieving process can be made even more difficult by the potential for conflicts and disputes among family members. From disagreements over inheritances to differences in opinion on how to handle funeral arrangements, the period after a loved one’s death can be a time of heightened emotions and tension. However, by taking some proactive steps to minimise the potential for family fallouts, it is possible to navigate this challenging time with greater ease and support for one another. In this article, we’ll explore some practical ways to help reduce the likelihood of family conflicts after a loved one has passed away.
Will
The most effective way to minimise the possibility of posthumous arguments is to create a legally valid will with the assistance of a lawyer.
A will that has been drafted by a lawyer will adhere to professional standards and be informed by legal expertise. Such a document will clearly outline an individual’s preferences with respect to executors, legatees, beneficiaries, guardianship of children, and funeral arrangements, among other matters.
In contrast, wills that are self-drafted, or “homemade,” can be ambiguous, incomplete, or fail to address all the necessary points, which may trigger disputes among surviving family members. By working with a lawyer to create a clear and concise will, families can avoid delays and disagreements, and be confident that their loved one’s affairs will be wound up in accordance with their wishes. Additionally, a will prepared with legal guidance is typically more difficult to challenge, providing greater certainty for all parties involved.
Executors
One important factor to consider is the terms of the will and how they can make the estate administration process more streamlined. Additionally, it’s crucial to think about the relationship between Executors who will be responsible for administering the estate. If there is existing or potential conflict among them, it’s best not to appoint them as Executors as it could hinder their ability to cooperate effectively. In such cases, it may be wise to appoint an impartial third party, such as a law firm’s trustee company, to act as the Executor.
While the will may include provisions that provide beneficiaries with some flexibility, such as choosing a piece of jewellery, it’s typically accompanied by the caveat that the Executors have the final decision in case of disagreement. If the Executors have a strained relationship and are required to make such decisions, it could be challenging to implement this provision, which would ultimately harm the beneficiaries.
Letter of wishes
Another important consideration is to ensure that an individual’s wishes are clear and unambiguous in their will. In cases where there may be confusion or questions about the reasons behind specific decisions, a letter of wishes can be prepared to accompany the will. Although it is not legally binding, this letter can provide important context and reasoning for the decisions made regarding the individual’s estate planning, as well as offer additional guidance to Executors to avoid any potential delays in the administration process.
It is therefore crucial to carefully consider (1) how to prepare the will and (2) who should be appointed as the Executor to administer the estate. By taking the time to plan and pay attention to the details while still alive, one can minimise the possibility of drama and complications arising after their passing, and avoid any unnecessary expenses or delays in the administration of their estate.
