As estate and wills lawyers, we know that when a parent dies, it can bring out the best and worst in a family. While grieving is already difficult, settling the deceased person’s estate can add a profound layer of complexity. Old sibling rivalries can unfold, a family heirloom is fought over, and unresolved conflicts can quickly escalate into a bitter estate dispute.
A proper estate plan is not just about distributing assets, it’s also about preserving sibling bonds and honouring the deceased’s wishes. These tips on estate planning can be invaluable in these situations. If you need help navigating a sibling estate dispute, reach out to the NSW Wills & Estates Helpline today.
Understanding Sibling Estate Disputes
An estate battle, often called an Estate Dispute or Inheritance Dispute, occurs when family members engage in conflicts over the distribution of assets from a deceased person’s estate. These disputes can arise for various reasons, but they usually centre around disagreements over how the assets should be divided or allegations of unfair treatment in the will or estate plan.
What Happens When Sibling Disputes Arise?
When a family will dispute arises among siblings, the consequences can be emotionally and financially taxing for everyone involved. Common outcomes include:
- Strained or Severed Family Relationships: Estate battles can lead to long-lasting resentment between siblings, sometimes causing them to cut ties completely.
- Significant Financial Hardship: Legal fees and court costs associated with a will dispute can be substantial, draining the value of the estate.
- Damage to the Parent’s Legacy: These conflicts can tarnish a parent’s legacy, overshadowing it with a negative memory of family conflict.
Regardless of the issues one sibling may be challenging, reach out to our team of professional lawyers at NSW Wills & Estates Helpline today to navigate your estate battle.
Can an Estate Planning Lawyer Help?
An Estate Planning lawyer plays a crucial role in helping families prepare for the efficient distribution of their estate assets. Regardless of your financial situation, engaging an estate planning lawyer can offer numerous benefits and provide you with peace of mind.
Personalised Estate Plans
Most families can avoid legal challenges when they use an estate planning solicitor. A lawyer will collaborate with you to create a personalised estate plan tailored to your specific goals and wishes. This includes the preparation of essential documents such as:
- Wills
- Trusts
- Powers of Attorney
- Advance Healthcare Directives
These documents help reduce sibling rivalry and inheritance disputes by clearly communicating your wishes and intentions, leaving less room for argument.
Help You Avoid Probate Disputes
Probate is a complex and often time-consuming legal process that can be expensive. A well-structured estate plan can reduce or even eliminate the need for probate, so your assets can be distributed to your loved ones more quickly and affordably.
How Do Probate Disputes Arise Among Siblings?
Probate disputes among siblings can lead to permanent rifts and costly legal battles. If you are involved in a probate dispute, it is important to seek legal advice. These conflicts often arise for a variety of reasons, including:
- Disagreements over the interpretation of the will
- Allegations that a parent was under undue influence when they signed the will
- Disputes over the appointed executor of the estate
- Conflicts arising from an unequal distribution of the assets of the estate
How To Resolve Sibling Legal Challenges
By addressing these issues proactively and with empathy, siblings can work together to honour their loved one’s legacy. If a dispute has already begun, consider these steps:
- Open Communication: Encourage an honest discussion among siblings to clarify expectations and concerns regarding the estate. This should always be the first step.
- Seek Mediation: Consider engaging a neutral mediator to help find common ground. This is a powerful tool to avoid costly and public probate litigation if direct communication fails.
- Get Legal Guidance: Consult with an experienced estate lawyer who can provide objective legal advice and help you navigate the complexities of estate law, especially if you feel you need to contest a will.
Reach out to our expert estate lawyers today.
Reach Out Today
Whether you’re a close family member or an adult child, contact NSW Wills & Estates Helpline today for a free consultation to navigate your estate planning choices.
For more information, tips and enquiries, visit our website or call us at 1300 679 222.
