Why Informal Promises Can Undermine Otherwise Sound Estate Plans
Families often rely on informal understandings — verbal assurances about property, business succession or financial support. These arrangements may be made with good intentions, but without formal documentation they can create significant legal uncertainty.
Memory Is Not Evidence
Over time, recollections differ. What one family member believes was promised may not align with written instructions. Courts rely on documented evidence, not verbal recollections.
Risk of Dispute
Informal arrangements can result in:
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Challenges to Wills
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Claims of unfair treatment
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Breakdown in family trust
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Increased legal costs
These disputes are rarely about money alone. They often stem from unmet expectations.
Documentation Protects Intent
Clear, formal documentation ensures that intentions are preserved accurately. This protects beneficiaries, reduces ambiguity and strengthens the resilience of the estate plan.
Legal clarity is not rigidity. It is protection.