Cases of siblings disagreeing because of their parent’s estate plan are not uncommon. This often leads to court cases, delayed distribution and damaged relationships. But what can lead to siblings fighting over inheritance?
Here are two common causes:
Unequal bequests
Leaving different amounts or types of assets to beneficiaries is on the rise as the years go by. Many testators (those who draft wills) are no longer distributing assets equally. They are following different criteria when leaving inheritance.
For instance, a parent may leave more money to a child with more financial needs or smaller/ no bequests for an estranged child or one who is likely to “waste” their inheritance, such as a child with a gambling addiction.
When someone learns they received less than their siblings or were disinherited, disputes can arise, especially when this is a surprise because the testator didn’t communicate it before or explain why in the will.
A lack of clear instructions
One reason for uncertainty during estate administration is a lack of a will. When someone dies intestate (without a will), the state distributes their assets to the closest relatives in a set order following state laws.
This procedure does not necessarily factor in personal needs or circumstances. A child who has been involved in the family business for years and hoped to inherit it may not get it. Stepchildren who were close to the deceased but were not legally adopted may not receive anything, and so on. Such cases can lead to disputes.
Leaving outdated estate planning documents or documents with unclear language can also cause misunderstandings. Besides, not assigning sentimental items also leaves room for fights.
Inheritance disputes among siblings are unfortunately common. If you are drafting an estate plan, consider legal guidance to protect your loved ones from potential conflicts.