When a loved one passes away, families face a challenging time. Unfortunately, all too often, that time becomes even more difficult when disputes arise over the individual’s estate. Clear, well-drafted wills in Edmonton can help reduce confusion by outlining how assets should be managed and distributed. Without that guidance, families can descend into strife over how much and who should receive from the estate. These disputes can tear families apart at a time when unity should be a priority. Even before an individual’s passing, these disputes may arise if there is no clear path toward managing an incapacitated individual’s affairs.

Working with wills and estates lawyers in advance can reduce the risk of such disputes. With a well-written will and other legal instruments in place, such as a power of attorney, families can focus on what matters rather than disputes that could drag on for months or even years.

Why a Clearly-Written Will Matters

Vague or unclear wording in your will can be a prime source of arguments and disagreements among family members in the wake of your passing. Without clarity for what you intended and how you expected to pass along elements of your estate, families may argue about many things. Who should receive certain assets? What items of sentimental value should pass to which family members? What is a fair way to distribute the assets? If your will does not clearly cover the situations your family may face, conflict is more likely to arise.

It’s not always easy to anticipate all these scenarios. After all, it is hard to imagine all the possible ways that a family may disagree over distributions. Working with an estate lawyer provides a clear path to giving your family explicit, direct instructions to follow. Where murky edge cases exist, experienced legal support helps develop the clarity needed to communicate what you intended.

Avoid Claims Against Your Estate

Working with an experienced lawyer can also help you avoid possible future claims against your estate, such as when someone challenges the validity of a will. Sometimes, a family member may claim that you lacked the capacity to issue an updated will or that some other person was placing undue influence upon you to change your will, leading to a drawn-out dispute. A lawyer will ensure that the testator had the capacity to make the will and was doing it of their own will and can keep documented evidence to support those claims that can be used in the event of a dispute. Likewise, a lawyer can help you craft a will that avoids the conflicts surrounding claims for maintenance and support made by spouses or adult children with disabilities

Choosing a Capable Executor

Who you choose to administer your estate is important, not just for the proper handling of your affairs, but to ensure that the person in charge can also help mitigate disputes. Making this choice isn’t easy; many people default to selecting their spouse or their eldest child. However, this may not be the wisest option, especially if your selected executor has previously had conflicts with other family members. What should you consider when picking your executor?

Choose someone with the organizational skills to help manage an estate. Prioritize choosing an individual who can act with impartiality toward all members of your family and will not show favoritism. Financial literacy is important, too. Even with the support of lawyers, your executor should be able to understand your assets and finances. Many people wish to choose someone close to them, but opting for professional help is also an option, particularly because it relieves the burden from someone directly affected by your passing.

The Role of Power of Attorney and Personal Directives

Remember, you should also plan for the possibility that you may become incapacitated and unable to make decisions for yourself, either in the realm of finances or concerning your medical care. When family members don’t agree on the right choice or what you would’ve desired, serious conflict is often the result. Granting power of attorney for financial matters and developing a personal directive for medically-related decisions are both important steps and key elements of robust estate planning. Without them, families may need to go to court to make such decisions, which adds further stress and expense.

Find Help With Your Estate Planning Today

The loss of a loved one is a tragic event, and conflict surrounding an estate or an individual’s affairs can only make this time even harder for families. You do not have to guess about what might happen or wonder if you’ve done enough to avoid potential sources of dispute. With wills and estates lawyers, you can receive experienced, targeted advice and the services necessary to develop an estate plan that aligns with your wishes and the needs of your family. To find out more about how to create effective wills in Edmonton, connect with the Lypkie Henderson team today for more information on your next steps.