Introduction: The Boxing Day Epiphany
It’s not just the gifts that get unwrapped during the festive season; for many families, the true revelation comes after the holidays. In Australia, as Boxing Day fades and families return to their routines, a surge of questions about wills, estates, and inheritances often surfaces. Lawyers report a noticeable uptick in inquiries, with clients seeking clarity on what happens to assets when relationships shift in the wake of Christmas goodwill turning sour. Mary-Ann de Mestre, principal of Sydney law firm M de Mestre Lawyers and a lecturer in succession law at Macquarie University, describes this period as a predictable “post-Christmas will rush.”
Why Do Inheritance Disputes Spike After Christmas?
Several factors contribute to the rise in disputes after the festive break. Family dynamics are tested by holiday celebrations that bring long-simmering tensions to the surface. The stress of financial pressures, evolving caregiving roles, and changes in personal circumstances can expose gaps in estate planning. De Mestre notes that a surge often follows key events: the death of a family member, a change in relationships, or simply a year-end reflection on who should benefit from an estate.
“The Christmas period is when people finally have time to think about the future and articulate expectations,” she explains. “There’s a tone-setting moment—the Boxing Day epiphany—where conversations about wills and estate plans move from theoretical to urgent.”
The Legal Landscape: Common Issues in Disputes
Inheritance conflicts most often arise from ambiguities in wills, alleged underestimation of deserved gifts, or claims that a will does not reflect the deceased’s true intentions. Common issues include:
- Ambiguities in the wording of a will, leading to multiple interpretations.
- Claims that a will was not created freely, or that coercion influenced the arrangement.
- Disputes over the adequacy of provision for dependents, including spouses, children, and other loved ones.
- Perceived changes in circumstances that were not anticipated when the will was drafted.
De Mestre emphasizes that many disputes could be softened or avoided with timely, thoughtful planning. “A well-drafted will, clear testamentary documents, and robust estate planning can head off most post-holiday clashes,” she says.
Practical Steps to Reduce Disputes
Experts advise practical measures families can take now to minimize future conflicts:
- Update your will after major life events (marriage, divorce, birth of grandchildren, serious illness).
- Engage in open conversations with potential beneficiaries, or schedule a mediated session with a qualified professional.
- Consider a Letter of Wishes to accompany your will, explaining intentions without altering the legal framework.
- Keep financial records, asset valuations, and key documents organized and accessible to executors.
- Seek independent legal advice to ensure provisions comply with local succession laws.
De Mestre also notes the value of proactive communication. “Families benefit from documenting who will be responsible for care, how assets are to be managed, and what happens if circumstances change. The more transparent the plan, the less room there is for later disputes,” she says.
What Families Can Expect in the New Year
The new year often brings adjustments in estate administration. Executors face the dual tasks of fulfilling duties and navigating interpersonal tensions among beneficiaries. While legal processes can be lengthy, a clear, agreed-upon plan reduces delay and conflict. In the wake of the Boxing Day epiphany, lawyers see the opportunity for constructive reassessment—turning a potential dispute into a well-governed, compassionate resolution.
For those facing or facing forward to such disputes, the message is simple: don’t wait. Engage with your estate planning early, seek expert guidance, and keep channels of communication open with family members.
About the expert
Mary-Ann de Mestre is the principal of M de Mestre Lawyers in Sydney and a lecturer in succession law at Macquarie University. Her experience guides clients through complex family dynamics and the legal intricacies of wills and estates.
