Protecting Your Legacy and Preventing Family Disputes

When it comes to securing your legacy and ensuring that your assets are distributed according to your wishes, making a Will is one of the most important steps you can take. Recent headlines have highlighted the consequences of not having a legally-binding will in place, and these stories emphasise the importance of planning ahead, no matter your age or circumstances.

In a recent case, a daughter physically moved a pen to sign a Will in her dying mother’s hand, an unusual and heart-wrenching situation that left family members in legal limbo over a substantial inheritance. As the Telegraph reported on March 5, 2025, a dying mother’s last-minute decision to transfer £700k to her daughter raised questions over the legality of the document and the ethical implications of its execution. Although this scenario is extreme, it is a stark reminder of the emotional and financial chaos that can arise when clear, legal documentation of your wishes isn’t in place. (Source: Telegraph Article on Dying Mother’s Will).

Similarly, high-profile cases, like that of Hollywood legend Gene Hackman, underscore the ongoing need for clarity in wills. Hackman’s will, which recently excluded his children from receiving any inheritance, has sparked conversations about how individuals’ decisions can drastically affect those left behind. The recent controversy surrounding Hackman’s decision, as reported by the Telegraph on March 16, 2025, highlights the potential for public disputes when a will doesn’t reflect the family’s expectations or when family members are left out unexpectedly. (Source: Telegraph Article on Gene Hackman’s Will).

As a profession, we are often faced with a call from clients to prepare a ‘simple Will’ and a resistance to paying fees which truly reflect their value. A professionally drafted Will is an essential tool which will provide clarity after your death and has the potential to:

1. Prevent Family Disputes

One of the most significant reasons to make a will is to ensure that your wishes are clear and binding. Without a will, your estate will be distributed according to UK laws, which may not align with your preferences. This can lead to family disputes, delays, and frustration. US based, high-profile stories like those of Hackman and others demonstrate the chaos that can arise when someone passes without clear instructions.

By having a professionally drafted Will, you ensure that your estate is divided as you see fit, reducing the chance of conflict between relatives. The discussions with your Solicitor can be recorded and provided as evidence of your decision making. Your Solicitor is an Officer of the Court by virtue of their qualification and so, should the need arise, the attendance note prepared by the Solicitor can be provided as evidence if any challenges are brought against your Estate by a disgruntled relative.  

• Protect Your Loved Ones

Making a will also ensures that your loved ones are taken care of after your passing. If you have young children or dependents, a will can specify who will act as their guardian. Additionally, having a will can protect vulnerable individuals in your family, ensuring they are not left without financial support.

You may not be aware of who you can provide support to and how to achieve that after your death. Your Solicitor is trained to ask the right questions in order that you can make informed decisions and be guided as to the options available to you.

• Minimise Legal Complications

A well-drafted will helps prevent unnecessary legal battles. By appointing Executors in your Will, you provide them with the power to get on and deal with things. Without a Will, the people able to deal with your Estate are determined by legislation and it may not be the person/people you would want dealing with things; especially if they are coping with grief at the same time.

After your death, accounts will be frozen and property left in limbo until a Grant of Representation has been issued by the Probate Registry. A Will ensures that your estate is handled efficiently, minimising delays and preventing the courts from intervening unnecessarily.

• Reduce Inheritance Tax Burden

In the UK, inheritance tax can significantly impact your estate, especially if your assets are valued over the £325,000 threshold. By making a will, you can plan for tax liabilities and take steps to minimise the impact of inheritance tax on your heirs. There are various ways to reduce the tax burden, such as leaving donations to charity or utilising trusts.

As seen in the case of the mother and daughter who signed a will in the dying moments, changes made under duress or in extreme emotional states can lead to confusion and legal challenges. A carefully considered will, written well in advance, can save your family from the emotional and legal turmoil that often arises when last-minute changes are made without legal oversight.

The importance of making a will cannot be overstated. Whether you’re a parent with young children, a successful professional with significant assets, or simply someone who wants to ensure their wishes are respected after they pass, creating a legally binding will is the best way to protect your legacy and your loved ones. Don’t wait for a crisis to prompt your decision—take control of your future today.

By taking the simple but important step of creating a will, you ensure peace of mind for you and your family, preventing unnecessary disputes and complications in the future.

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.