Succession shows you can’t leave your will open to interpretation - Joe Davies

The passing of a family member is a stressful time for anyone. But, when you add dubiety over the intentions of the deceased into the mix, it can make a bad situation even worse – that is what the Roys are discovering in this latest series of Succession.

Your last will and testament is among the most important documents you ever make, outlining the division of assets between the persons you wish to benefit. You might think that having a simple, seemingly straightforward instruction is all it takes, but there is a bit more to it than that.

In the Roys’ case, Logan has given what seems to be a clear instruction about who should succeed him as CEO of Waystar Royco – but a pencilled amendment at an unknown date has introduced some uncertainty. Whether he has underlined or crossed out Kendall’s name is open to interpretation and may even be influenced by when the change was made.

These are exactly the kind of points of contention you want to avoid in a will. Any amendments should be checked with a legal professional and properly incorporated into the document, rather than added in pencil. Ideally, they would also be dated so that there is a record of what changes have been made and when.

Joe Davies, head of private client at full-service legal firm Gilson Gray

The situation with Logan’s will underlines the fact that making one is not a once-in-a-lifetime task – you never know when it could be needed. If you set one up today, it can always be reviewed and amended in the right way if circumstances change, as they regularly did with his children. Through regular discussion with legal experts, you can also keep on top of any considerations like inheritance tax, which may impact the outcome.

Of course, the Roys’ situation also brings the unequal distribution of assets into focus. All three children can’t be CEO of the company – at least one of them was always going to miss out. In instances where the division of assets doesn’t follow the norm, have the discussion with loved ones while you can.

In these cases especially, the precise wording of your will is crucial. You might think it is plain English, but we can’t go back and double-check what you meant if interpreted differently. Solicitors use specific language for a reason, to avoid any ambiguity or uncertainty, and also to ensure the law is applied correctly.

Understandably, death is a difficult subject for families to discuss. However, disputes or resentment between the beneficiaries of a will can be equally upsetting. It is far more powerful for recipients to hear someone’s intentions directly, rather than it being delivered by a solicitor who might be a stranger to them.

More generally, if your will is not set up properly it can be hugely problematic further down the line. Be very wary of any free-to-download templates or DIY kits. Some websites even advise that you could, in theory, write your will online without legal advice – but we often find that this causes additional work and complications.

Courts regularly see disagreements about wills for a range of reasons, but with thorough preparation, a lot of potential stress and strain can be avoided. Ultimately, the best thing you can do is try to talk to your loved ones while you still have plenty of time.

Joe Davies, head of private client at full-service legal firm Gilson Gray