Many people put off making a will because they're worried their wishes may show favouritism if they leave a bigger share to one person - or leave someone out altogether - and cause a family rift following their death.

For many, the question of who should get what can be an extremely difficult matter, and is explored by BBC2 programme Can't Take It With You: Favouritism, broadcast at 9pm, on Friday 21 January 2011.

By making a will, you can choose what happens to your property and possessions after your death, and if you wish, leave unequal shares to members of your family. The law in this country says you've complete freedom about where you leave your money and property – it doesn't force you, for example, to share it equally among your children.

Indeed, it's often appropriate to leave unequal shares to relatives. For instance, it may be that one child has given up his or her work or career to care for you and you may wish to 'repay' that child for the sacrifice made and the care given to you. Or it may simply be that one child is more financially secure than another which, again, can lead to difficult considerations about who should inherit what.

However, due to the delicate nature of this matter and the desire to avoid arguments and rifts in the family after death, we recommend that the best thing to do is to set out your reasoning in a private note to be placed with your will. Ideally, the document is signed and dated by you, and addressed to your executors. The document explains the reasons why you've drafted the will in the way you have.

By setting out your thoughts in a separate document, rather than in the will itself, the document will never become 'public'. Your executors, though, now have a clear expression of your reasoning should any person come forward and say they're dissatisfied with what they've been left and intend to challenge your will.

The law provides close family members with the right to challenge the content of someone's will if they believe they've been inadequately provided for, or that pressure had been exerted on the person who made the will. However, this is subject to strict rules and doesn't mean that any disgruntled family member can necessarily challenge and seek to overturn the contents of a will. If necessary, a Letter of Wishes could be admitted in court as evidence to attempt to refute or at least mitigate any potential claim against an estate.

Access Legal from Shoosmiths can guide you through your options and provide solid practical advice about how to address any potential issues. For instance, you may find it advisable to try to have a positive and constructive discussion with your family, rather than risk potential arguments and issues after your death. And we should know – we've been advising clients and making their wills since 1845.

We always recommend that you seek independent advice from qualified professional legal advisors to help make you aware of all of the options available to you and of their implications.

For further details on the process of making a will, please look at our free factsheet Making a will.

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