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Navigating Family Disputes Over Inheritance: Expert Tips

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Published by:

James Turner

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Reviewed by:

Alistair Vigier

Last Modified: 2023-05-27

Are you looking for help to resolve family disputes over inheritance?

Inheritance disputes, or “inheritance wars” as they are sometimes tragically called, are an all too familiar sight in many families. These are the times when kinship ties fray, and family bonds get stretched to their limits.

No one ever really wins in these battles. However, with guidance and foresight, these skirmishes can be either completely avoided or significantly mitigated. As a family and estate law expert, I have observed numerous such disputes and gleaned lessons that I hope can provide guidance for families navigating these treacherous waters.

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The wishes of the deceased

Inheritance disputes typically revolve around three main factors: miscommunication, misunderstanding, and misrepresentation. A lack of clear communication about the wishes of the deceased can leave family members feeling lost and confused.

Misunderstandings, on the other hand, can occur when the intentions of the will aren’t clear, leading to disputes about how to interpret certain provisions. Misrepresentation happens when someone intentionally distorts the facts to suit their own interests.

To effectively navigate inheritance disputes, it is crucial to focus on preventing miscommunication, misunderstanding, and misrepresentation from happening in the first place. A clear, comprehensive, and up-to-date will is an essential starting point. By putting the decedent’s wishes in writing, families can avoid the heartache and hassle of disputes.

Inheritance expectations

But a will is not enough. Communication about that will, both before and after a loved one’s passing, is equally critical. Families should have open, honest, and sometimes uncomfortable conversations about inheritance expectations and the provisions of the will.

It’s important to remember that these conversations aren’t about being greedy or materialistic, but about ensuring that everyone is on the same page and that there are no unwelcome surprises later.

When conflicts do arise, it’s crucial to approach them from a place of understanding rather than hostility. This involves giving family members the benefit of the doubt, listening to their concerns, and striving to find a compromise that respects the wishes of the deceased and the rights of the heirs.

Estate dispute resolution

When emotions run high, as they often do in these situations, hiring an impartial mediator or an estate dispute resolution professional can be a wise decision. These professionals can guide families through the dispute resolution process, helping them find a resolution without resorting to expensive and divisive court battles.

As the steward of your family’s legacy, remember that, often, the roots of inheritance disputes are deeper and more complex than mere material possessions.

They can be about unresolved family issues, feelings of being unloved or undervalued, or a perceived imbalance in familial duties. Therefore, as you navigate these disputes, seek to understand these deeper emotional undercurrents and address them.

Feeling overlooked, cheated, or unloved

And finally, never underestimate the power of empathy. Inheritance disputes are often emotionally charged and can be deeply painful. Try to see the situation from the other person’s perspective. Maybe they feel overlooked, cheated, or unloved. Understand that their reactions might be driven more by these emotions than by greed or malice.

To avoid disputes turning into wars, it’s essential to be proactive, foster open and honest communication, seek professional help when needed, and approach the situation with understanding and empathy. Remember, preserving family relationships is as important, if not more so, than the material inheritance at stake.

Family Disputes Over Inheritance

In Canada, there is testamentary freedom, meaning that an individual can dispose of their assets in any manner they choose upon their death, with a few exceptions.

However, when a testator divides their estate unequally between their children or disinherits a child altogether, there are often disputes.

Further, where there are more complex family structures, such as blended families, there are a greater number of potential claimants to an estate, which makes disputes regarding an estate more likely.

We have family lawyers and estate attorneys in Vancouver and Toronto. They can assist with matters in British Columbia and Ontario.

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Considerations for the Testator

Disputes regarding an estate often turn into litigation. When a testator is drafting their Will, they should consider the consequences of potential estate litigation. It will likely be very costly for their family, both financially and emotionally.

If a testator chooses to divide their estate unequally between their children, it is recommended that the testator take steps before their death to minimize the chances of litigation involving their estate.

The testator should either communicate to their family their reasoning for dividing their estate in a certain manner, while the testator is still alive or write a letter to their family explaining their decision.

Providing reasoning makes the testator’s intention clear and makes it apparent that there was not an error or omission in the Will.

Further, if a testator expects that inheritance disputes will arise regarding their estate, they may wish to appoint a neutral third party as estate trustee rather than a family member to make it clear to all beneficiaries that the estate trustee is not acting in their own interest.

Disputes Over Inheritance

If disputes do arise after the testator’s death, a disappointed beneficiary should bear in mind that there is no moral obligation for a parent to provide for independent adult children in their Will.

Therefore, a Will will not be set aside simply because an independent adult child views it as unfair. In order to challenge a Will and have it set aside, the disappointed beneficiary will have to base their objection on one or more of the following grounds:

1. Lack of Testamentary Capacity

2. Presence of Undue Influence

3. Presence of Suspicious Circumstances and Lack of Knowledge and Approval

4. Due Execution

5. Fraud and Forgery

Beneficiaries should keep in mind that challenging a Will can be very expensive and can cause permanent damage to family relationships.

There are multiple legal methods to resolve estate disputes, including mediation, passing of accounts, bringing an application and/or bringing an action.

If you want to speak to a lawyer that does estate disputes in Vancouver or Toronto, fill out the form on the side of this page.

Mediation In Ontario Or BC

Mediation is a non-binding alternative dispute resolution technique where the parties use a neutral third-party facilitator to try to reach a negotiated agreement.

In mediation, a decision is not imposed on the parties by the mediator, instead, the mediator helps the parties negotiate a resolution.

The mediation is confidential and privileged so nothing discussed during mediation can be used at trial. If mediation is successful, the outcome is a settlement agreement.

Mediation can be conducted at almost any time, including and often especially once litigation is contemplated.

Mediation has many advantages including it is significantly less expensive than litigation, it allows the parties to maintain an ongoing relationship, and it is less positional and more interest-based than litigation.

Passing of Accounts

The estate trustee has a duty to keep excellent records of all assets, income and expenses of the estate for the entire period that they are acting as estate trustees.

Generally, estate trustees can simply provide an informal accounting to the beneficiaries. However, where all beneficiaries cannot or will not consent to the estate trustee’s accounts, then there must be a formal passing of accounts.

A passing of accounts refers to the formal process of obtaining the court’s approval of the estate accounts. The estate trustee must file their accounts with the Court.

Then the beneficiaries can deliver specific objections. The estate trustee may respond to the objections, which may result in some or all objections being resolved or withdrawn.

Finally, the judge will consider any remaining objections, review the accounts, and order which elements of the accounts to allow, disallow or modify.

Settling Family Disputes Over Inheritance

Estate litigation is often carried out by way of an Application. An Application leads to a hearing instead of a trial and is used for less complex matters than actions.

Applications are particularly useful where the parties are seeking to obtain directions from the Court regarding a specific issue such as the correct interpretation of a clause in a Will.

Applications are appropriate when the dispute involves issues that can be resolved based on written documents and there are no credibility issues.

In an Application, each party puts its evidence before the Court by way of sworn affidavits. Proceedings by Application tend to be less expensive and faster than actions.

Family Disputes Over Inheritance

An Action is a legal proceeding that leads to a trial. Actions are used when facts and credibility are at issue. Many challenges to Wills, particularly those raised on the grounds of ‘undue influence’, must be brought by way of an Action.

In an Action, there is full documentary disclosure and oral discovery. The process is very lengthy and expensive.

A testator should act proactively to prevent disputes from arising regarding their estate. However, if disputes do arise following the testator’s death, disappointed beneficiaries should speak with a lawyer.

To evaluate their options; different methods of resolving estate disputes will be appropriate in different circumstances.

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