Keeping the peace: how careful estate planning can prevent disputes over your estate

With the festive season behind us and the memory of perhaps at least one good-natured family argument still lingering, now is the perfect moment to reflect on how to keep more serious disagreements to a minimum when you’re no longer around to act as peacemaker.

Clear, well-structured estate planning during your lifetime can significantly reduce the risk of disputes after your death. By organising your affairs in advance, you can minimise uncertainty, manage expectations, and ensure your wishes are carried out smoothly, helping your loved ones avoid conflict at what is already a difficult time.

Make sure you have a will in place

A properly drafted will is the single most effective way to reduce the risk of conflict. It allows you to decide who inherits your estate and what should happen if a beneficiary dies before you. Without a will, the law will determine how your estate is distributed, and this may not reflect your wishes or your family’s expectations.

DIY wills are a common source of disputes and should be approached with caution. Instructing a solicitor to prepare your will helps ensure it is clear, legally valid, and robust. It also allows you to consider how your estate can be distributed in the most tax-efficient way possible.

Your will should be reviewed regularly – ideally every 3 to 5 years and whenever you experience a major life event such as marriage, divorce or the birth of a child.

It is also important that your loved ones know where the original will is stored; best practice is for it to be held securely by your solicitor until such time as it is needed.

Cover all bases

If you own assets outside the UK then it is essential to check whether your will adequately deals with them. In some cases, separate wills or local arrangements may be required in each of the countries concerned.

Taking advice in the appropriate countries, and ensuring that your legal advisers communicate with one another, can help avoid conflicting provisions, delays, and unexpected complications when your estate is administered.

Take care when choosing your executors

Your executors are the people responsible for administering your estate and distributing assets to the beneficiaries named in your will. Tension between executors and beneficiaries is a frequent source of disputes, so careful selection is crucial.

You should aim to appoint executors who are organised, trustworthy, and able to remain impartial. While beneficiaries can act as executors, this may not be appropriate if there are strained relationships between them. Where neutrality is likely to be an issue, appointing a professional executor—such as a solicitor or trust corporation—can help reduce the risk of conflict.

Consider using trusts in your will

Including a trust in your will can help prevent disputes over control, timing, and perceived fairness. Rather than leaving assets outright to beneficiaries, a trust allows them to be held and managed for their benefit.

Trusts are often used where there are vulnerable or financially irresponsible beneficiaries, where there are blended families, or where flexibility is needed over how and when assets are distributed.

Including a trust in your will means that assets can be made available for the beneficiaries’ use and enjoyment whilst remaining under the ultimate control of the trustees, thus helping to protect the underlying value for future generations.

Document your intentions

Many estate disputes arise from surprise rather than actual unfairness. If you are aware that the terms of your will may not be quite what your loved ones are expecting, it can be helpful to document your intentions in the form of a non-binding ‘letter of wishes’.

A letter of wishes – which should be stored alongside your will – can help explain your decisions and guide executors and trustees on how you would like them to exercise any discretionary powers bestowed upon them by the terms of your will. This can significantly reduce emotional distress and misunderstandings after your death.

A letter of wishes is a relatively informal document and can be updated as circumstances change without the need to revise the terms of your will.

Even with a letter of wishes in place, it can also be helpful to discuss your decisions with beneficiaries during your lifetime to remove any element of surprise.

Consider tax and liquidity

Financial pressure can increase the risk of disputes. It is important you take advice during your lifetime on whether your estate will have sufficient liquidity to meet any inheritance tax, debts and other liabilities as and when they fall due.

If there is not enough readily available cash, assets that you intended to leave to specific beneficiaries may need to be sold to cover these costs. Planning ahead can help avoid this outcome and ensure your estate is administered as smoothly as possible.

How we can help

Careful and considered estate planning is one of the most effective ways to protect both your assets and your family relationships after your death. Taking advice early can help ensure your wishes are clearly documented, legally robust, and tailored to your individual circumstances.

If you would like guidance on any of the issues discussed in this article or would like to review or put a will in place, please contact a member of our private wealth team who would be happy to assist.