When we are instructed to act on probate matters, it is more often than not on behalf of the children of the deceased. Even when we are appointed as professional Executors, we are often reporting back to the children of the deceased.
Whilst one hopes that those ‘children’ get along with each other, it is not always the case; and as families are complicated, sibling rivalries and grievances are very common.
Family Dynamics After a Parent’s Death
For a lot of families, the death of a parent (particularly the surviving parent) brings the siblings together for the first time in years and a lot of the feelings can be brought to the surface.
In recent years, we have dealt with many families where siblings just don’t get on. Sometimes this is due to one incident, but often it is just because the brothers and sisters just don’t get on.
Managing Family Disputes
We have to remind beneficiaries that protracted arguments over the small stuff can lead to expensive litigation. Beneficiaries need to think about the grievance and decide whether they can compromise or whether they cannot get past it.
When there is clear animosity between siblings, it is essential they are aware of the financial and emotional toll litigation can have. We have to manage beneficiaries with diplomacy and impartiality when they do not get on and when the siblings cannot communicate with each other.
In some cases, litigation is unavoidable, and sometimes it is the only way to resolve the issues. It is important that as solicitors we understand that families are complicated. However, it is possible for families to get through this difficult time without resorting to Court.
How we can help
If you feel that your relationship with your siblings will not survive the administration process, then you should consider encouraging your siblings to appoint a solicitor to deal with the estate on your behalf. Whilst this will mean that you have to pay for the service, often this is worth the cost of the relationship, and it means that difficult conversations can be instigated by or through the solicitor instead. We are also able to assist with international estate administration.
Planning Ahead: Appointing Professional Executors
Likewise, if you are making your will and you are not sure if your children will be able to share the administration duties peacefully, after your death, then you should consider appointing solicitors as your professional executors. At Oliver & Co Solicitors, we are appointed on a regular basis, and we are extremely experienced in dealing with complex family dynamics.
Email us on willsenquiries@oliverandco.co.uk or fill in our enquiry form today to see how we can support you and your family to resolve a probate dispute, or take the worry off of your hands and execute probate matters smoothly.
