smartwills.ca
By Peter R. Welsh
July 10th, 2025
Inspired by recent research on inheritance family feuds, here’s how to protect your family from the devastating conflicts that tear families apart after a loved one’s passing.
The Sobering Reality:
Studies show that 58% of families experience family feuds when proper estate planning isn’t in place, with conflicts often lasting years and costing tens of thousands in legal fees. But here’s the good news—most inheritance battles can be prevented with thoughtful planning and clear communication.
Bottom Line:
The family feuds aren’t really about money. As inheritance experts note, family members often aren’t fighting over assets themselves, but what those assets symbolize: love, importance, security, and connection. Understanding this psychology is the first step to prevention.
- Your current spouse has specific rights under the Family Law Act, including the right to elect either to receive their inheritance under your will or to claim their entitlements under the Act’s equalization of net family property provisions.
- Your dependents (which may include your current spouse, former spouse, and children) have rights under the Succession Law Reform Act to claim support from your estate if they were financially dependent on you at the time of your death.
Grief Complicates Everything: Understanding Why Families Fight Can Helps Prevent Conflicts…
It’s Not Really About Money: What appears to be greed and pettiness, however, are symptoms of survivors’ struggle to feel loved and important. In confronting a recent loss, family members might fight over money, a father’s watch, or a mother’s wedding ring. They often are not fighting about the assets themselves. What it comes down to is what those assets symbolize: importance, love, security, self-esteem, and connection.
Peter R. Welsh, Estates and Trust Law
