Avoiding Family Disputes – The Role of a Well-Drafted Will

Few things strain family relationships more than disputes over inheritance. In New Zealand, conversations about money (especially inheritance) are often avoided. But silence creates risk. Without open dialogue and well-drafted estate and asset planning documents, families are more likely to face disputes, mismanaged expectations, or poorly executed plans. Such disputes are all too common, with our courts being left to grapple with estate litigation.

Common triggers for disputes
It is not uncommon to see disputes arise when:

• there has been an unequal treatment among children – with no clear rationale why.
• stepchildren have been excluded from estate planning arrangements.
• promises of inheritance have not been documented properly in writing.
• there is ambiguous drafting or complications resulting from DIY or advisor-free online wills.

Our courts have the power to intervene and rule on a different division of assets from that which was drafted in a will, when the will has failed to make adequate provision for a beneficiary. These outcomes are usually significantly different from the deceased’s original intentions.

Why professional drafting matters
Specialist estate solicitors consider not just your wishes but also your legal obligations and impacts that legislation can have on your intended dispositions. They can:

• record reasons for unequal gifts, so that a will makers intentions are clear even beyond death.
• anticipate potential claims and advise accordingly on how to mitigate them or appropriately prepare for them.
• ensure compliance with NZ legislation.
• reduce ambiguity through precise drafting.

The cost of professional estate planning is small compared to the financial and emotional toll of family litigation.

Key takeaway
A well-drafted will is about more than distribution of property – it’s an investment in family harmony.

The experienced team at MoranLaw can help you prepare your estate and asset planning arrangements. Get in touch today.