As a wills and probate professional, you will be well versed in planning what will happen to your clients’ estates — bequeathment of residential property, bank accounts, and high-value investments. However do you always consider what will happen with everything else, such as the pictures on the walls, old furniture, or even the set of crockery that’s been stored away for many years? All of these things may not be worth a great deal, but considering the emotional value is just as significant.
It can be many months after the death of a loved one that your clients’ families can feel the true impact of plans put in place. A recent example of this is the strain that has been put on the family of Robin Williams, some 6 months after his death. Although the appropriate steps were taken to avoid this, the impact of their loss has caused family members to battle against each other.
Is there anything that can be done by wills and probate professionals to prevent such traumas following the death of a client? Is the hardship of losing someone always going to outweigh whatever plans have been put in place by the executor?
This legal dispute over Williams’ estate is between his third wife, Susan Schneider Williams, and his three children. Understandably, each party is wanting to keep many of Williams’ most cherished items — some of which he enjoyed during his life and others mean a great deal to various family members. Although he had an up to date will, trust agreements and a prenuptial agreement, this documentation focussed heavily on property and investments, rather than what could be deemed as “truly meaningful” to the beneficiaries.
A key factor within will writing and estate planning is helping your clients decide what smaller items are important to them — whether it be for their monetary value or sentimentality — and ensure they have set plans for who will inherit these belongings. Though it will be a difficult discussion to have, clients should also speak to their loved ones about what items are meaningful to them and ensure they have a fair say in the decision making process.
For details of specific items, the executor may attach additional documentation to their will to support their decision making. The more detailed the better in this instance, and even though there may be tough conversations to be had, it will be better for their family and loved ones in the long-run, as they will know what is rightfully theirs on the death of your client.
Have you experienced similar cases where arguments have been caused over seemingly worthless items? What further processes can be followed to ensure the entirety of an estate is accounted for effectively?
