How Much Should You Tell Your Family About What’s in Your Will?

Writing a Will can be a very personal process. Depending on your circumstances and preferences, the Will you make might include some private decisions. Some people are naturally very open about the decisions they have made about the future, whilst others might be more cautious. 

If you’re wondering how much you should share about your Will with your family, close friends and other dependents, we’ve shared some pointers about the advantages and disadvantages of letting them know what to expect.

Practical benefits of telling those closest to you about what to expect from your Will

Generally speaking, it is often helpful to talk to those closest to you about what to expect from your Will. There are clear practical benefits of doing this. After all, the more your family know about you wishes for your estate, the better prepared they will be to carry out those wishes. 

We’d particularly advise speaking to your chosen executors in advance to ensure they would be willing to act on your behalf if and when the time comes. This can save any uncertainty on your part about whether your executors will be prepared to take on what can be a fairly long-winded and complex task. It will also mean that you’ll have the opportunity to make another choice if it turns out that someone you had in mind for the role doesn’t feel able to take it on.

Can speaking to your family about your Will help to avoid disputes and challenges?

There can be more than just purely practical benefits to talking to your family about the decisions you’ve made in your Will. 

In many cases, open conversations about the future can actually help to reduce the chance of disputes and challenges later down the line. Often, inheritance claims or Will challenges stem from the fact that potential beneficiaries have been unhappily surprised by what is written in a Will.

For example, if you have made a decision to leave a certain asset such as a family home, business or high value item to one individual rather than shared between all your beneficiaries, it is likely to be worth having some open conversations with everyone involved now. 

Making these matters clear plenty of time before they are expected to be needed will give everyone involved the chance to:

• Get used to the idea.
• Explore what this might mean for them in the future.
• Raise any arguments they have about the issue.
• Hear your decision-making process. 

It’s not always possible to please everyone all the time, no matter how much opportunity you give yourself to explain your reasoning. However, in our experience, it’s still well worth bringing these conversations into the open. This can mean that everyone knows where they stand, and that potential beneficiaries aren’t in the position of expecting to inherit something that you never intended to bequeath to them.

Are there any circumstances when you shouldn’t tell your family what is in your Will?

We do understand that not all family situations are straight-forward. There are certain circumstances where it might not feel safe for you to tell those around you about the decisions you have made in your Will. This could be due to an abusive or coercive relationship, or a family member who is dealing with addiction.

It might be reassuring in situations like this to know that, in general, you have no legal obligation to share the contents of your Will during your lifetime, not even with the people you have chosen to appoint as executors.

If you are concerned about the need to keep the contents of your Will private, your solicitor will be able to support you with this. Solicitors have a professional duty to keep information about your affairs confidential unless you consent, or unless disclosure is required/permitted by law. If you are instructing us jointly with a spouse, partner or family member, we’ll explain at the outset how confidentiality works in joint instructions and what happens if a conflict arises.

If you are concerned about the possibility of disputes or challenges arising after your death, there are some ways to mitigate against this without sharing the contents of your Will ahead of time. A specialist solicitor will be able to advise you on the best way to handle your specific situation. One way of doing this might be to include a document known as a ‘letter of wishes’ alongside your Will. This is a document that allows you to include more personal details and explanations about why you have made the decisions you have for your executors and any family members to read after your death. 

Where to start with these kinds of conversation

Even if you are in a position to speak to your family about the contents of your Will, it can still feel difficult to know where to start. It might feel awkward or morbid to bring these things up in conversation. 

A good first step might be to make sure you’re completely clear on what you envisage for the future of your estate. 

If you’d like to speak to an expert solicitor about making plans for the future, we’re always here to help. Our solicitors are knowledgeable and friendly, and will do everything they can to make these conversations easier to handle.

FAQ:

Do you have to tell your family members what you have decided to put in your Will?

You are perfectly within your legal rights not to tell a soul what you have written in your Will. Though in many situations it can be helpful to be open about matters like these, this will depend on your personal circumstances.

Does anyone have the right to see your Will before your death?

Your Will is generally private during your lifetime. This means that you will not need to share the contents of it with anyone, unless you choose to. 

Can anyone see your Will after your death?

Before probate is granted, the named executors are usually the only people entitled to see a Will. Once probate is granted, that Will then becomes a public document and anyone can apply for a copy.

Can talking to your family about your Will help to avoid disputes?

Having open conversations about the contents of your Will with your family can help to reduce the likelihood of a dispute later on. This is because it ensures that everyone knows what to expect from a Will, and that no one is left feeling blindsided.

When is the right time to talk to your family about your Will?

This can be a difficult subject, and there won’t necessarily ever be a perfect time for this kind of discussion. However, if you wish to talk to your family about your Will, we’d recommend not putting it off. No one knows what is around the corner, and you’ll likely feel better once the conversation is out of the way and everyone knows what to expect.