Beware of family fights at Christmas that can change succession decisions

Family disputes at Christmas can change inheritance decisions and turn into long-running legal disputes.

One in five people would disinherit a family member because of a fight, and one in three would exclude a relative from their will because they don’t like them, research reveals.

One in six would also kick someone out of their will because they did not visit them enough, and one in four if they had isolated themselves from their family, according to the Lime Solicitors survey.

Christmas may be the happiest time of the year, but when family gets together, it can also be the perfect time for disputes, the company warns.

Debra Burton, inheritance disputes partner at Lime, says: ‘The most common reason people exclude relatives from their will is because of personal feelings and animosity.

> Find tips to prevent family consequences from inheritance below

“With so many family members gathering in close proximity, holiday celebrations can often bring unresolved tensions to the surface,” Burton says.

“If these tensions become more serious, those who have written a will may decide to disinherit their relatives.”

The Lime survey also found that almost half of people would contest a will if they were excluded from it, turning a fight into a more deep-rooted legal dispute after someone dies.

It surveyed 1,000 people aged 16 and over, weighted to be representative of the UK population.

How to avoid an inheritance dispute

Debra Burton from Lime Solicitors offers the following advice on how to deal with family members on this difficult issue.

Communication: Discuss wishes with family members so the will doesn’t come as a big surprise.

Don’t promise too much: Some people do not like confrontation or the possibility of upsetting a family member and in order to have an “easy or quiet life” they may make promises or statements or guarantees to family members that were not intended to be binding.

This can be anything from who will inherit the family farm to who you want to have your prized record collection.

It is much better to say nothing than to make a flippant comment that someone trusts or takes seriously.

Formalize your wishes: Make a will and set out what you really want to happen instead of leaving it all up to one person saying “they know what I want to happen.” This can be disastrous.

If everything is left up to that person, then legally it is up to them to do whatever they want. If you don’t get along, for example with your stepchildren, they won’t fulfill your wishes.

Even if all families get along, it puts a lot of pressure and responsibility on someone who may not be 100 percent completely sure what their wishes were and who is very likely grieving as well.

Take legal advice: Make sure your wishes are legally binding and that any will meets all formalities.

If there is likely to be a dispute over your will after your death, then the solicitor may try to minimize it by ensuring that you have capacity, that you know and approve the contents of your will and that you are free from undue pressure.

All of this will be recorded in the testamentary file. The will record will then be key evidence for the court to consider and the solicitor will be a key witness and to whose evidence the court is likely to attach great importance.

> How to make an airtight will: 10 tips to make your last wishes come true and mistakes you should avoid

Do you have an inheritance dilemma or problem? we can help

This is Money readers often contact us about legal disputes and we ask lawyers to answer their questions anonymously.

My daughter excluded me from a £250,000 investment fund I set up for her. How can I disinherit her?

How can we prevent our troubled child from losing his inheritance while playing?

Can my dad, who has dementia, leave his house to me alone after my sister financially abused him?

If you would like help with an inheritance problem, please write to us at expert@thisismoney.co.uk. Please write HERITAGE in the subject line.