Five steps to heirloom harmony: how to secure a conflict-free inheritance process

In 2019, it was estimated that over half of Brits (53%) have inherited an heirloom from friends or family, with jewellery being the most commonly inherited item. 

For some families, jewellery can include valuable, important items that have been passed down through generations as an heirloom or a specific piece purchased by a relative with a future recipient in mind. When the item's owner considers creating a Will to gift that item following their death, it's important for them to have a clear and thorough understanding of how such items are treated as part of their estate.

Unless specifically gifted, items of jewellery are treated as chattels (possessions) of the estate, together with any other personal items or possessions that the testator owned at the time of their death. This means that, unless specific items are dealt with within their Will (or beforehand by way of a gift), whoever receives the chattels from the estate will be entitled to receive every item that the testator owned. 

This creates a risk that, if the testator hasn't been clear about their wishes, the item may be inherited by someone different to the person they had originally intended. This can lead to a dispute or disagreement within the family.

When considering their estate and wishes, the testator should consider the following steps to ensure that their wishes are carried out in full:

1. Be specific in the Will: when creating a Will, consider all assets and be clear about any items that should be inherited by a specific person. This ensures that those wishes are written into the Will and, upon their passing, the item will be inherited by the correct person, minimising the risk of a dispute. A Letter of Wishes should ideally accompany the Will to explain why a specific chattel has been given to one person, further minimising the risk of a dispute arising within the family in the future.
2. Document pre-Will gifts: if the item has been gifted to somebody before the Will is created, this should be addressed in a Letter of Wishes to confirm that this has been done, including any reasons if needed. This provides clear evidence of the intention and wishes behind the gift.
3. Address multiple potential beneficiaries: if there's one family heirloom and multiple potential beneficiaries, it's important to ensure that wishes are clear about should happen to the item. For example, if the wishes are for the oldest child to inherit the item and then pass it down to their children, this should be recorded clearly. Although it may be difficult to set out these wishes, doing so reduces the risk of conflict within the family following the testator's passing.
4. Consider Family Dynamics: every family is different, and promises made throughout a person’s life about should inherit certain heirlooms can be called into question when family dynamics change. For example, a divorce in the family could cause upset and conflict if the person had been included in a Will to inherit a certain item but the Will hadn't been updated to reflect the change in relationship. It's important to be aware of the content of the Will and consider any updates needed due to changes in family dynamics.
5. Seek Legal Advice: consult a solicitor specialising in estate planning to ensure important items in your Will are inherited according to your wishes, minimising the risk of family conflicts.

At a time when inheritance disputes are rising due to complicated family dynamics, it's important for anyone making a Will to consider their estate in full, including valuable or sentimental personal items. 

Taking steps to ensure that wishes are accurately reflected can minimise the risk of emotional and financial burdens from family conflicts in the future.