For many people who are writing a will, the goal is to avoid conflicts among family members. They do not want their adult children and other beneficiaries to enter into disputes after they have passed away.
With this goal in mind, it is important to consider some of the reasons these disputes happen. There may be steps that you can take to help your family avoid these issues. Below are three potential reasons for conflict.
Lack of an estate plan
First and foremost, failing to draft an estate plan makes it more likely that disputes will arise. Beneficiaries often have to make decisions on their own and attempt to determine what you would have wanted. It is common for them to disagree on certain points.
Lack of testamentary capacity
Another potential issue arises if you make changes to your estate plan while experiencing cognitive decline. Questions about testamentary capacity may come up. Did you actually have the necessary mental capacity to make those updates at that time?
Unequal bequests
Finally, some reports find that leaving unequal bequests can increase the odds of a dispute. It is important to note that you do not have to make your estate plan equal, and you are free to leave different levels of assets to different beneficiaries. However, some individuals may take issue with this, and it can cause conflict between family members.
If you are working on drafting your estate plan, it is important to understand all of the legal options available to you and the proactive steps you can take to create a plan that works well for your family.