Comprehensive, Goal-Oriented Legal Services

How to prevent family conflict over uneven inheritances

On Behalf of | Jan 28, 2025 | Estate Planning

Perhaps a grandparent has established a stronger connection with one grandchild than other family members. They may want to leave more resources to support that grandchild than the rest of their extended family after they die. Perhaps a parent has one child who pursued the same profession that they maintained throughout their working life. They may hope to pass their professional practice or small business to that adult child, resulting in an uneven distribution of their overall estate.

In scenarios involving uneven estate bequests, beneficiaries might feel upset and disappointed about what they inherit. In some cases, they might try to take legal action to contest the estate plan and secure a larger inheritance.

How can those establishing an estate plan limit the chances of their families pursuing litigation and undermining their legacy?

With a no-contest clause

One of the tools that people use to limit unnecessary probate litigation is a no-contest clause. By adding the right language to a will, a testator can essentially arrange to disinherit anyone who unnecessarily contests their estate plan. Such tactics can be very effective at deterring frivolous litigation, as those hoping to inherit more from an estate often do not want to risk their inheritance to achieve that goal.

With a trust

Another option for those concerned about probate litigation is to create and fund a trust instead of relying on a will to transfer property to beneficiaries. Trusts are more difficult to contest in probate court. They also provide the testator with an opportunity to leave more thorough instructions regarding the distribution and use of the property they want their loved ones to inherit.

With some difficult conversations

Another way that people can prevent conflict among their beneficiaries is to communicate proactively with them about legacy intentions. Some people avoid those conversations because they may lead to arguments and temporary strain in relationships between the testator and their loved ones.

However, explicitly expressing personal wishes to family members can help diminish the likelihood of those family members attempting to contest the will or estate plan later. People who have had time to come to terms with a testator’s wishes typically don’t have strong emotional reactions to reading the will in the early stages of the probate process.

Integrating the right terms into an estate plan can help a testator avoid scenarios in which their loved ones could undermine their legacy. Those planning uneven bequests or anticipating conflict about their legacy wishes may need to take extra care during the estate planning process to limit the likelihood of conflict arising later.

Archives