Family rows at Christmas can change inheritance decisions and turn into long-running legal disputes.
One in five people would disinherit a family member based on a falling out, and one in three would exclude a relative from their will because they didn’t like them, research reveals.
One in six would also write someone out of a will because they did not visit them enough, and one in four if they had isolated themselves from their family, according to the poll by Lime Solicitors.
Christmas might be the merriest time of year, but with extended family coming together it can also be the perfect time for feuds, cautions the firm.
Debra Burton, partner in inheritance disputes at Lime, says: ‘The most common reason people exclude relatives from their will is due to personal feelings and animosity.
> Find tips on preventing family fallouts over inheritance below
Disinheriting a family member: Rows, personal animosity and failure to visit can lead to relatives being written out of wills
‘With so many family members coming together in close proximity, Christmas celebrations can often bring unresolved tensions to the surface,’ says Burton.
‘If these tensions develop into something more serious, those who have written a will may decide to disinherit family members.’
Lime’s survey also found that almost half of people would contest a will if they were excluded from it, turning a falling out into a more entrenched legal dispute after someone dies.
It polled 1,000 people aged 16 and over, weighted to be representative of the UK population.
How to avoid an inheritance dispute
Debra Burton of Lime Solicitors offers the following advice on dealing with family members over this tricky topic.
Communication: Discuss wishes with family members so that the will does not come as a big surprise
Don’t over promise: Some people don’t like confrontation or potentially upsetting a family member and for an ‘easy or quiet life’ may make promises or statements/assurances to their family they that didn’t intend to be binding.
This can be from anything about who will inherit the family farm to who you want to have your treasured record collection.
Much better to say nothing than make a flippant comment which someone is relying on or takes seriously.
Debra Burton: Discuss wishes with family members so that the will does not come as a big surprise
Formalise your wishes: Make a will and set out what you actually want to happen rather than leaving it all to one person with the direction ‘they know what I want to happen’. This can be disastrous.
If everything is left to that person, then legally it is theirs to do with what they want. If they don’t get on with for example the stepchildren, then they will not follow the wishes.
Even if the families all do get on, that is a lot of pressure and responsibility to put on someone who may not be 100 per cent completely sure of what your wishes were and are very likely to be grieving themselves
Take legal advice: Make sure your wishes are legally binding and any will complies with all the formalities.
If there is likely to be a dispute about your will after you have died, then the solicitor can look to minimise that by ensuring you have capacity, that you know and approve the contents of your will and are free from undue pressure.
This will all be recorded in the will file. The will file will then be key evidence for the court to consider and the solicitor will be a key witness and in whose evidence the court is likely to place great weight.
> How to make a watertight will: 10 tips to getting your last wishes fulfilled – and errors to avoid
Do you have an inheritance dilemma or problem? We can help
This is Money readers often contact us about legal disputes, and we ask lawyers to answer their questions anonymously.
My daughter shut me out of a £250k investment fund I set up for her – how do I disinherit her?
How do we stop our troubled child gambling away their inheritance?
Can my dad who has dementia leave his house just to me after my sister financially abused him?
If you would like help with an inheritance problem, write to us at experts@thisismoney.co.uk. Please put INHERITANCE in the subject line.
