Festive Fallouts: Do inheritance disputes rise after the festive period?
Christmas is often the time of year that brings families together.
Often, family members that rarely see each other will travel long distances to be together at this special time, bringing together wide extended families and several generations all at once and under one roof.
Naturally, during this period there is a high chance that arguments and squabbles will arise between family members and in some circumstances, these falling outs can have disastrous impacts leading to the changing of wills and laying the foundations for inheritance disputes which will haunt the family for years to come.
Whether it is certain family members not visiting or prioritising other commitments, arguments about money and presents or just general falling outs arising from the intense atmosphere, it is of no surprise that festive fall outs often play a significant or deciding role when it comes to inheritance disputes.
Consider the below example:
John is 87 years old. His wife died last year and since then he has been struggling with depression and deteriorating physical health. This year he has been invited to spend Christmas at his daughter’s house with her family and the families of his other two children. His daughter is called Jessica, and his two other children are called Harry and Stephen.
All members of the family attend apart from Harry’s one son Shane who decides he would prefer to spend Christmas in Australia on holiday with his girlfriend. On Christmas day, John is upset to not even receive a message from Shane wishing him a Merry Christmas. Shane has not made any effort to visit John over the last couple of years and John sees this as the final straw. When he returns home John arranges to amend his will, completely disinheriting Shane and reducing Harry’s share as he is annoyed at Harry for the way his son has acted.
When John is ready to head home on December 27th, he thanks Jessica for having him and tells her that he thinks she has always been particularly thoughtful in looking after and involving him. He tells Jessica that because of this he will leave her his house in his will. Once he gets home, John remembers that Stephen has also made a lot of effort with him over the years and decides he would prefer to split the house between the two of them instead.
John dies aged 89, he has not changed his will since Christmas 2 years ago. Upon discovering the terms of the will, Jessica, Harry and Shane are all disappointed with their inheritance and are now considering bringing a claim.
What can you do to help avoid an Inheritance Dispute arising post-Christmas?
We have set out below a couple of ways that you may be able to avoid situations such as the above arising.
- Being open and communicating – maybe if John had voiced his concerns with Harry and Shane they could have resolved the issue before John felt he had to change his will. Equally, if John had approached both Stephen and Jessica about the house they may have been able to reach an agreement between themselves.
- Don’t over-promise – often it may seem easier to make promises to family members about certain assets in order to not upset them. However, as seen in the above example, this can lead to complications later down the line.
- Take Legal Advice and ensure you formalise your wishes – following a festive fallout you may be adamant that you want to change your will. However, such a decision should not be rushed into and it is always important to ensure you get competent advice to ensure that you understand the effects of your actions and that your wishes are formalised correctly.