Most people approach their Wills by considering to whom they want to leave their property; however, how they leave their property is equally important. When drafting a Will, consider implementation following death – i.e. the probate administration process.
Your named executor is responsible for implementing your instructions in your Will. He will have a legal responsibility to your beneficiaries, which is among the highest under the law. Failing to fulfill this responsibility can lead to severe legal repercussions. Thus, you do a disservice to your executor and beneficiaries by failing to provide a clear directive about your wishes.
If language in a Will isn’t clear, the executor has a few options. The executor can ask the court for direction. This is done by filing a lawsuit that specifies the ambiguity, requests clarification, and provides each beneficiary the opportunity to weigh in. This can lead to conflict over different interpretations among beneficiaries.
If the executor is allowed to act independently of court supervision (an independent administration), the executor may also choose to carry out the distribution based on her or his own interpretation. This comes at the risk of a lawsuit by the beneficiaries if they don’t agree with the executor’s interpretation. To avoid upsetting a beneficiary, many executors will opt to ask the court for clarification.
While you may not expect conflict among your beneficiaries, grief, financial need, and family dynamics can complicate expectations, not to mention influence from individuals whom you may not anticipate such as friends or future spouses.
Precise and unambiguous instruction about your wishes can save your executor and beneficiaries time, stress, and financial expense. Such clarity also helps to better ensure your hard-earned legacy goes to your chosen beneficiaries rather than court costs and attorney fees.
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