When a loved one passes away, emotions are already running high. Unfortunately, disagreements over a will can add further strain to grieving families, often leading to long-lasting disputes, costly legal battles, and broken relationships.

As experienced solicitors based in Ebbw Vale, South Wales, we have seen first-hand how conflicts over wills can arise - and, more importantly, how they can be prevented. 

In this article, we explain the common causes of disputes over wills, outline practical steps to reduce the risk of conflict, and provide legal guidance to help ensure your wishes are respected after your death.

Why do family disputes over wills happen?

Disputes over wills - often referred to as contentious probate claims - can happen for several reasons. 

Common causes include:

• Perceived unfairness in distribution - where some family members feel they have been left out or treated unequally.
• Unclear or poorly drafted wills - vague wording can lead to misunderstandings about a person’s true intentions.
• Concerns about mental capacity - challenges can be made if it’s believed the person lacked the mental capacity to make the will.
• Undue influence - suspicions that someone pressured or manipulated the person making the will.
• Failure to provide for dependants - under the Inheritance (Provision for Family and Dependants) Act 1975, certain dependants can claim reasonable financial provision if they feel the will does not meet their needs.
• Second marriages and blended families - disputes often arise where stepchildren, ex-spouses, or new partners are involved.

Most disputes could be avoided with proper planning, clear communication, and professionally drafted wills.

The importance of a properly drafted will

One of the most effective ways to avoid family disputes is to ensure your will is legally sound and unambiguous. 

A solicitor will:

• Ensure the will is valid and complies with the Wills Act 1837.
• Make sure your wishes are set out clearly, avoiding vague wording that could cause disagreements.
• Advise on how to make reasonable provision for dependants to prevent claims under the 1975 Act.
• Help you consider Inheritance Tax planning, ensuring assets are protected and distributed fairly.

Homemade or “DIY wills” are a common cause of disputes because they often leave gaps or fail to comply with legal requirements. Working with a professional solicitor ensures your will carries legal weight and accurately reflects your intentions.

Read: How can I legally avoid inheritance tax?

Key steps to avoid family disputes over a will

1. Use a professional solicitor

Engaging a solicitor who specialises in wills and probate law provides peace of mind. They will draft the document correctly, help you navigate complex family dynamics, and ensure your wishes comply with UK law.

2. Be open and honest with your family

While it may feel uncomfortable, discussing your will with your loved ones can reduce surprises later. If everyone understands your decisions and the reasons behind them, disputes are far less likely.

3. Keep your will up to date

Life changes - marriages, divorces, new children, or significant financial changes - should always prompt a review of your will. An outdated will can create confusion and disputes between family members.

4. Consider a letter of wishes

Alongside your will, you can prepare a Letter of Wishes. While not legally binding, this document explains the reasoning behind your decisions. For example, you might explain why you have left more to one child due to their financial situation, or why you have chosen to leave a gift to charity. This additional context can prevent misunderstandings.

5. Provide for dependants fairly

Under UK law, certain people - including spouses, civil partners, children, and those financially dependent on you - may bring a claim if your will does not provide for them. Ensuring you make reasonable provision for dependants reduces the risk of legal challenges.

6. Choose executors carefully

Executors are responsible for carrying out the terms of your will. Appointing impartial, trustworthy executors - and sometimes even professional executors - helps reduce the risk of family conflict.

7. Avoid ambiguity

Be specific in your will. For example, don’t just say "my jewellery goes to my daughters" - specify which items go to which person. Ambiguity creates fertile ground for disputes.

8. Plan for complex family structures

If you have remarried, have children from previous relationships, or a blended family, it is especially important to seek professional legal advice. Stepchildren, for instance, do not automatically inherit unless specifically included in your will. Careful planning can prevent upset and disagreements between relatives.

What if a dispute still arises?

Despite the best efforts, disputes can sometimes occur. If this happens, it’s crucial to seek legal advice quickly. 

Options may include:

• Mediation - encouraging family members to reach an agreement without going to court.
• Negotiation - solicitors working on behalf of family members to resolve disagreements.
• Court proceedings - as a last resort, disputes may be decided by the courts under the Inheritance Act or other relevant legislation.

Resolving disputes through mediation is often less stressful and less costly than court proceedings, and it can help preserve family relationships.

Read: Exploring the role of mediation in family law disputes

The Welsh perspective

Although wills and probate law applies across both England and Wales, there are some Welsh-specific considerations to keep in mind:

• Welsh language wills - Wills can be drafted in Welsh or bilingually, ensuring clarity for Welsh-speaking families.
• Cultural and community considerations - in smaller Welsh communities, disputes can sometimes have a wider social impact, making proactive planning even more important.
• Local courts in Wales handle probate disputes, and solicitors familiar with Welsh practice can provide invaluable guidance.

As solicitors based in South Wales, we are well-placed to help families in our community avoid and resolve will-related disputes with sensitivity and expertise.

Why professional advice matters

The best way to protect your family from unnecessary stress after your death is to ensure your will is clear, fair, and legally robust.

By working with an experienced solicitor, you can:

• Avoid the pitfalls of DIY wills
• Minimise the risk of disputes and costly court cases
• Ensure your wishes are respected
• Protect family relationships during what will already be a difficult time

At our firm in Ebbw Vale, we regularly help clients draft wills, review existing wills, and provide advice on preventing family disputes. Our goal is always to provide practical, compassionate, and legally sound solutions tailored to your circumstances.

Family disputes over wills can be emotionally draining, expensive, and damaging to relationships. Fortunately, most of these conflicts can be prevented with the right planning and advice.

By making a professionally drafted will, keeping it up to date, and communicating openly with your loved ones, you can greatly reduce the risk of conflict. Ultimately, the time and effort spent on proper planning now will provide peace of mind for both you and your family in the future.