Protecting Your Will From Legal Challenges

Normally having a valid Will is seen as the best way to prevent arguments after your death. Unfortunately this is not always the case. It seems that the level of disputed wills are on the up as increasingly people are pursuing claims through the courts.

This may be because the value of the estates are increasing (probably fuelled by property prices). Another reason could be the increase in complex family structures due to divorce and remarriage creating different ‘layers’ of expectation within an extended family grouping.

It is the right of any person to leave property to whom he wishes but in certain circumstances this can be challenged under law. The Inheritance (Provision for Family and Dependants) Act 1975 allows persons who were financially dependant on the deceased for six months or more in the previous two years to claim against the estate if the provision they enjoyed has diminished or ceased due to the death of the deceased.

One way to minimise the likelihood of a dispute or even avoid this problem is by having a ‘Letter of Wishes’ drawn up at the same time as the Will, that spells out the reasoning for your bequests. This should be kept with the Will. It’s contents will be taken into account by the court if the Will is challenged. This is also a useful device to expalin the thought processes in operation if, for example, the estate is left in unequal shares to siblings.

The answer lies in writing an effective will that can be located when it is needed. This is a good reason to ensure you have had the right advice, from a professional Estate Planner or a Solicitor, when drawing up the Will. This is the best way to ensure your wishes are carried out!