Common Will Clauses That Cause Family Disputes Later

Creating a will is one of the most important steps a person can take to ensure their legacy is managed correctly and their loved ones are provided for. While most people aim to make their wishes clear and avoid future complications, certain clauses and provisions can unintentionally spark conflict among family members. 

From ambiguously worded phrases to seemingly lopsided distributions, these problematic elements can turn an already emotional time into one marked by tension and disputes. Whether due to oversight, a lack of legal guidance, or a desire to address complex family dynamics, these clauses can often do more harm than good, leaving families at odds and grappling with difficult decisions. 

Attorney Dana Jacobson of The Jacobson Law Firm, P.C., has seen firsthand how disputes over will clauses can unfold. With over four decades of serving clients throughout Texas, he has guided countless individuals and families through the estate planning process. 

Known for explaining complicated matters in a way that reassures and empowers people, Attorney Jacobson emphasizes the importance of clarity and foresight in estate planning. As a dynamic and dedicated lawyer based in San Antonio, Texas, his priority has always been to help clients avoid the very disputes that unsettle families during periods of mourning. 

Family disputes over wills often arise from what seem like minor, avoidable issues. A carefully drafted will can preemptively address many of these concerns, but understanding why disputes occur and how certain clauses contribute to them is important for anyone planning. Below is a closer look at some of the most common offenders of these troublesome clauses. 

Unequal Distributions

One of the most common—and contentious—causes for family disputes is an unequal distribution of assets. While it’s entirely within an individual’s rights to allocate their property as they see fit, this can lead to lasting resentment among heirs. 

Disparities in how assets are divided, whether due to perceived favoritism or changes in family dynamics, often leave some feeling slighted. For example, leaving one child significantly more than another without explanation is frequently interpreted as a sign of disapproval or favoritism. Without clear communication or reasoning outlined in the will, these decisions can fracture family relationships for years to come. 

A well-drafted will should either avoid significant disparities unless necessary or explain such decisions to minimize misunderstanding. Attorney Dana Jacobson advises clients to address these sensitive topics carefully, sometimes helping them find ways to communicate their intentions with beneficiaries well before the will goes into effect. Doing so often alleviates tensions and prepares families for the road ahead. 

Conditions for Receiving an Inheritance

Conditional bequests—assets or gifts distributed only upon meeting certain criteria—can also be a source of conflict. While intended to encourage or discourage specific behaviors, such as pursuing higher education, avoiding harmful habits, or reaching a milestone age, these clauses can backfire. Often, the conditions may feel unfair, targeted, or impossible to fulfill, leading to frustration and a debate over whether they should really apply. 

For example, requiring a beneficiary to graduate from a specific school to receive their inheritance might alienate them or lead to disputes over whether that requirement truly reflects the decedent's intentions. While such clauses are permissible, they should be drafted with care. 

They must be precise, realistic, and legally enforceable to prevent any ambiguity. Attorney Jacobson reminds his clients that the more reasonable and compassionate these conditions are, the less likely they are to trigger emotional confrontations. 

Ambiguous or Vague Language

Ambiguity in a will is one of the fastest routes to family conflict. When key provisions are left open to interpretation, disagreements among family members are almost inevitable. For example, phrases like "divide my personal property equally" can quickly lead to disputes over what constitutes "personal property" versus "real property" or how "equally" should be interpreted. Similarly, unclear instructions for the disposal of sentimental items, such as family heirlooms, often create significant tension. 

Clarity is key when drafting any legal document, and a will is no exception. Meticulous wording reduces the likelihood of disputes and ensures that instructions are followed precisely as intended. During his years in practice, Attorney Jacobson has helped many clients revise poorly written wills, untangling confusing provisions to provide peace of mind for both the testator and their heirs. 

Executor Selection

The choice of executor—the individual responsible for seeing that the terms of the will are carried out—can also be a source of discord. If the chosen executor is a family member, their decisions may come under scrutiny from others who perceive favoritism or question their capabilities. Alternatively, if an outsider is chosen, some family members may feel insulted or excluded by the decision. This selection becomes even more contentious if there are disputes regarding the administration of the estate. 

Attorney Jacobson often guides clients through the process of selecting an executor who is fair, impartial, and capable of handling the responsibilities of settling an estate. Whether the executor is a trusted friend, a professional fiduciary, or a family member, the decision should be approached thoughtfully to avoid unnecessary disputes. 

Lack of Updates or Oversight

Life circumstances change, and so should a will. One of the most easily avoidable causes of family disputes is failing to update the document after major events such as marriages, divorces, births, or deaths. A will that no longer reflects the current family structure or intentions can lead to confusion and contention. For instance, failing to mention stepchildren explicitly in a blended family can lead to feelings of exclusion and spark disputes over what the decedent "would have wanted." 

Attorney Jacobson encourages clients to review their estate plans regularly to account for life's inevitable changes. By doing so, they can maintain an estate plan that reflects their current wishes while avoiding unnecessary strain on their family later. 

Meticulous Legal Counsel

While drafting a will is a deeply personal process, it’s vital to consider how provisions may affect those left behind. From ambiguous language to uneven distributions, small decisions can lead to significant—and often preventable—disputes. 

With the help of an experienced attorney like Dana Jacobson of The Jacobson Law Firm, P.C., individuals can craft wills that protect their wishes while preserving family harmony. By focusing on clear, comprehensive, and thoughtful estate planning, families can have peace of mind knowing that conflicts will be minimized and legacies honored.