Some people may hope that their estate plan gives one or two people a nasty surprise. For instance, someone who learns that their spouse has cheated on them may never say a word, but instead try to ensure that the unfaithful spouse gets as little as legally possible.
You are under no legal obligation to tell people what you will or won’t leave them. But this does not mean keeping your estate plan a secret is a good idea.
Surprises increase the chance of problems for others
Let’s take the example of the unfaithful spouse. When their husband or wife dies and they discover they are getting only the minimum, they may become enraged. They may take that anger out on others who are inheriting assets – including their children and non-profit organizations. They might go to court to try to get the will overturned in their favor. They might claim that others influenced their spouse to make this choice.
Consider the damage that could result from that. The unfaithful spouse and the deceased might have been grandparents. If the surviving spouse refuses to have anything to do with their children, accusing them of “stealing their inheritance,” that might mean the grandchildren effectively lose that grandparent on top of the one who has just died. If it is the non-profit, they aim their ire at, that could cause stress and worry for those who run the shelter.
Any legal challenge to the estate plan could also lead to delays in those who are named as beneficiaries inheriting what was left to them. Money from the estate may also have to be spent on defending the will.
Making your wishes clear to those affected by your estate plan while you are still alive and able to can help avoid such problematic situations. Having experienced legal guidance can help.