Let’s all admit it; we have all asked the question “Granny am I your favourite?” And whilst we have all probably been told that we are; you could be sure the next grandchild coming through the door was getting the same response (as well as money and being told not to tell your parents about the sneaky fiver and all the chocolate you’ve ate)! The passing of a loved one is pain beyond compare without the added agony of rivalry amongst those who are left behind.
Administering an Estate of a deceased person; whilst procedural in law, can also be impacted and swayed by the challenges and conflicts raised by those who feel they should have also had a share of the pot if you like; or should have been left more than what they actually have been bequeathed by a loved one. According to Bobak Nayebdadash, an attorney with the firm of Grace A. Lou in Los Angeles, nine times out of 10 the conflicting parties end up the worse for war overall. Whilst a legal challenge by a beneficiary may result in the re-jigging of the division of a deceased’s assets to a certain extent; the reality is the real winners in a contested case are the lawyers by the time costs are apportioned. It is also noteworthy to be aware that in most situations if the matter ends up in Court; the High Court Judge hearing the case will order that costs are to be paid from the deceased person’s Estate- which again in turn can mean taking the likes of a case against a deceased’s person’s Estate could end up being counter- productive. As the saying goes “You could be doing more harm than good”.
Generally, such disputes among beneficiaries; don’t come out of nowhere; sometimes you can see a storm on the horizon and such rivalry can be anticipated and therefore maybe and even hopefully avoided. Here are some perhaps alarm bells which may indicate there could be tension amongst family members after you’re gone and what can be done to try and keep the peace.
- Sibling Rivalry
Let’s face it, there is always one in the family called “blue eyes”; whilst another may feel that they suffer from middle child syndrome. When a parent passes away, it is the ultimate test of any ill-feeling brothers and sisters think they have dealt with. The administration of an Estate can turn into a battlefield for the settlement of feuds over the years between siblings. Grief can trigger memories of perhaps tensions that were never ironed out. A possible way of dealing with this is the appointment in a Will of an Executor(s); (the person(s) who will stand in your shoes to deal with your affairs and ensure your wishes in your Will are carried out), who is neutral to any ill-feeling over the years. Yes this could be one of the children who have lived in harmony with their brothers and sisters; or the one who more commonly may be known to “sit on the fence”, a trusted friend or alternatively a professional such as your Solicitor.
- Financial Circumstances of Beneficiaries
Differences in the financial position of beneficiaries who are to inherit from the same Estate can also cause tension and in turn lead to potential legal challenge. Whilst you may want to ensure all such beneficiaries receive an equal share as the other; you need to be extremely clear in your instructions in terms of how assets are to be dealt with. For example if you wanted to leave property to more than one beneficiary and say one of such beneficiaries was a wealthy inheritor and could afford to hold onto the property; their less privileged peer may want to sell the said property for immediate financial; perhaps necessary, gain. A way of potentially ensuring there would be no tension arising is to leave clear instructions in your Will as to whether any assets are to be sold and the proceeds of same divided evenly; or alternatively if you want certain assets to be preserved as they are; therefore leaving it to the beneficiaries to agree amongst themselves whether such asset is to be retained, sold or purchased by one or some of the beneficiaries with the remainder of the beneficiaries receiving their financial share of such asset.
The beauty about a Will is you are the author; but surely you don’t want to be the author of misfortune. Here at McCay Solicitors we specialise in the drafting of Wills and Testamentary dispositions and would be more than happy to help you with any queries you may have.
Blog Written By Andrea McGill (Associate Solicitor)