Challenges and Lessons in Estate Law: A Judge’s Perspective

Former District Court judge Rosemary Riddell has shared some of her most memorable experiences presiding over estate disputes in a recent interview. Riddell, who ruled on hundreds of estate disputes between 2006 and 2018, recounted the challenges and complexities of dealing with family disagreements over wills.

One of the stories she shared involved a man who directed in his will for the family farm to be sold upon his death. His daughters, unhappy with the plan, let their goats roam free on the farm, causing chaos and damage. The case turned into a dispute over the animals and the damage they had caused, highlighting the unpredictable nature of estate disputes.

Riddell emphasized the importance of clear communication and reasoning in wills to avoid disputes. She suggested that one way to prevent challenges is to spend all your assets before you die or to spell out your intentions so clearly that any potential challenges would “shrivel up and die.”

Estate disputes are becoming more common as property values rise, and the transfer of wealth from the baby boomer generation to their children increases. Lawyers stress the importance of having a sound will and understanding what can be challenged under the law.

While some disputes can be resolved through mediation, the cost and emotional toll of these conflicts can be significant. Experts recommend reviewing your will regularly and seeking legal advice to ensure your wishes are clearly outlined and legally sound.

Overall, Riddell’s experiences shed light on the complexities and emotional challenges of estate disputes, emphasizing the need for careful planning and communication to avoid potential conflicts among family members.