Family should bring comfort, not conflict. However, things can fall apart quickly when a loved one passes without explicit instructions for distributing their estate. Disagreements over money, property or sentimental items can turn close relatives into adversaries.
If you’re thinking ahead, that’s a good thing. Working with a wills and estate lawyer in Calgary can help protect your legacy and reduce the chances of family arguments later on.
You may not be around to stop a dispute, but with estate planning, you can take steps now to make sure your wishes are followed and your loved ones are spared the stress.
What Is Estate Planning?
Estate planning is the process of arranging the transfer of your assets to your heirs or beneficiaries after you pass away. It involves creating a will and choosing an executor to fulfill your wishes when you die.
Estate planning also includes making arrangements to protect yourself and your assets if you become incapacitated and can no longer make decisions.
What Are the Common Causes of Family Disputes Over an Estate?
Family disputes over your estate can happen for several reasons, including the following.
- Failure to communicate your wishes: If you don’t talk to your family about your wishes, they might be shocked by your wishes for your estate.
- Unequal distribution of assets: Splitting your assets can lead to tension, especially if your heirs or beneficiaries have different needs or expectations from their relationship with you.
- Disagreements over who gets what: If you don’t clearly state who should receive what, your loved ones might argue over sentimental items or valuable
- assets. Some may feel they deserve more or believe they were promised something that isn’t in writing.
- Family dynamics: Suppose you’ve remarried and have children from a previous relationship. Without clear instructions, there’s a risk that your new spouse could neglect your children when dividing your estate. Even outside of a blended family, estate disputes may arise if there is a strain in sibling relationships or the relationship between a child and the surviving parent.
How Can Estate Planning Help Prevent Family Disputes?
You need a clear, detailed plan that lays out your wishes to help prevent family disputes over your estate. Here are a few steps to reduce the chances of future conflict.
- Talk to your family: Share your estate plans with your loved ones. Let them ask questions and raise concerns while you’re still here to explain your thinking.
- Keep your estate plan current: Life changes. Marriage, divorce, new children, grandchildren and financial shifts require an estate plan that reflects your current situation.
- Work with a professional: A wills and estate lawyer can help you create a solid, legally sound plan that covers all the bases and helps protect your family from future legal battles.
- Use trusts when needed: Ask your lawyer about establishing trusts if your situation is more complex, like a blended family or a child with special needs. A trust gives you more control and helps ensure your wishes are carried out correctly.
- Choose the right executor: You should pick an executor who can handle your estate fairly without a conflict of interest.
- Our Wills and Estate Lawyers Can Help You Prevent Family Disputes with a Clear Estate Plan
At One80 Law Group, our experienced wills and estate lawyers are here to help you confidently plan.
As a virtual firm, we make it easy to get trusted legal advice, whether you’re in Calgary or anywhere in Alberta, Ontario, or BC.
We’ll help you create a solid plan that protects your wishes, keeps things clear for your family, and makes the legal process as smooth as possible. Book a consultation with a wills and estate lawyer today to discuss your options.