Inheritance Wars: The High Cost of Estate Planning Mistakes

‘John’ hadn’t updated his will in over a decade. It still listed his ex-wife as a beneficiary, left out his youngest child, and gave his second wife far less than they had planned. But John didn’t think it was urgent—until it was too late.

Now, his family is stuck in a bitter court battle, his second wife is left scrambling, and the lawyers and taxman are taking a hefty cut.

John’s story isn’t unique. More than 70% of estate disputes stem from outdated or incomplete wills. Don’t leave your family with a mess—update your will today. Here’s the best-selling online will service, LegalWills.

Family disputes over wills and estates are surprisingly common. Research and surveys suggest that many family disputes arise because of discrepancies in wills, unclear intentions, or the lack of proper estate planning.

While exact percentages can vary depending on the study or location, the following insights are common:

 1. General Estate Litigation

Studies show that issues with wills cause 70-80% of family disputes over estates. These include discrepancies, outdated documents, or unclear instructions. In many cases, disputes occur when beneficiaries feel that the will does not reflect what they believe were the deceased’s intentions, leading to court battles and family divisions.

 2. Conflicts Due to Outdated or Incomplete Wills

Surveys have indicated that over 40% of wills are outdated or incomplete, leading to disputes among family members who might feel they’ve been unfairly treated or excluded due to oversight. This becomes especially problematic when major life events (like marriages, divorces, births, or deaths) have occurred, but the will was never revised to reflect those changes.

3. Siblings Fighting Over Unequal Distribution

Another study by a prominent legal service found that 44% of estate-related disputes involved sibling disagreements, often triggered by unequal asset distribution or unclear instructions within the will. These disputes frequently stem from perceived favouritism or misunderstandings about the deceased’s intentions.

4. Second Marriages and Blended Families

Blended families are particularly prone to estate disputes, with **25-30%** of disputes arising because wills don’t account for second spouses or stepchildren. Discrepancies between what a surviving spouse or stepchildren are entitled to versus what biological children believe they should receive create fertile ground for disagreements.

5. Lack of Communication

While discrepancies in wills are a significant cause, lack of communication about the will’s content is also a major contributor. Nearly **50% of disputes** could be avoided with clear communication before the person’s passing. When family members are surprised by the contents of a will, it can lead to feelings of betrayal or suspicion, even if the will is legally valid.

6. Ambiguous or Poorly Drafted Wills

Around 20-30% of family disputes result from ambiguous or poorly drafted wills that leave room for multiple interpretations. Disputes often arise when vague language or unintentional omissions cause confusion about the distribution of assets, prompting beneficiaries to contest the will in court.

These statistics underline the importance of clear, updated, and well-communicated estate planning to avoid unnecessary family disputes. Regularly revising wills, especially after major life events, and having open discussions with potential beneficiaries can help minimize future conflicts.

Don’t make the CRA and a team of lawyers your primary beneficiary! Update your Will TODAY!