Creating a Will is a vital step in securing your clients legacy and ensuring that their wishes are honoured after they have passed away. However, even with the best of intentions, poorly planned or  unclear wills can lead to disputes among families and beneficiaries causing stress, financial strain and fractured relationships.

Here are our top tips on how to help avoid Will disputes and maintain harmony amongst your clients loved ones;

1. Start with a clearly thought out plan

A well thought out estate plan goes beyond a simple Will. Consider trusts, joint ownership arrangements, tax implications and other estate planning aspects that can minimize ambiguity and potential conflicts.

2. Use a professional to draft the Will

Unfortunately, homemade or DIY wills are notorious when it comes to causing disagreements and often do not deal with the estate correctly. Working with a Wills specialist can ensure your client receives a professional service by working together to;

• Take detailed notes about what your client wants to achieve
• Ensures your clients estate is structured in the most tax efficient way
• Making suggestions as to how best provide for beneficiaries for example, if they are under the age of 18.
• Advising on the implications of leaving family members out of Wills.
• Ensure that the person making the Will has got fully mental capacity to do so and making a record of with file notes as to how this conclusion has been reached
• Ensuring the Will has been correctly signed and executed
• Advise on how the to store the will safely to ensure it can be found

3. Communicate openly

Although it may feel slightly awkward or difficult to start with, encouraging your client to discuss their wishes with family members and others who may be affected by their decisions could help to prepare them. This could avoid any shocks that may lead to disputes in the future.

If loved ones understand why clients have made the decisions they have, this transparency can help manage expectations and reduce feelings of unfairness.

4. Choose Executors wisely

Your clients executors have a lot of responsibility in terms of winding up the estate and ensuring wishes are followed. This can be a time consuming and complex role. It’s important that the executors chosen get along and can work together. They should ideally also have good relationships with the chosen beneficiaries as well as other individuals appointed in the will such as guardians and trustees.

5. Keep the Will up to date 

Life events such as marriages, divorces, births and deaths can significantly impact on  Will planning. Make sure you regularly update your clients Will to reflect these changes to ensure it remains relevant and accurate. An outdated will can be a major source of misunderstanding and contention amongst potential beneficiaries.

6. Store the Will securely but ensure it is easy to find

Having taken the important step to make a Will, it’s important that it can be found by the Executors in the future when it is needed. If your clients chooses to store their Will themselves, they need to ensure it can’t be tampered with, damaged or lost. A professional such as Beneficial Trust & Will Co can securely store your clients Will on their behalf and also register it with the National Wills Register to ensure it can always be found in the future.

If you would like to speak to a member of our friendly and professional team about your clients Will planning, please call 01522 500823 or email enquiries@btwc.co.uk