Disputes over a persons’ last Will can be both emotionally and financially draining for all parties involved. Not only can they cause family relationships to breakdown, but they can lead to lengthy and expensive legal disputes.
It is important that your Will is drafted in a clear and unambiguous manner so as to avoid any potential dispute on your passing. Although there is unfortunately no way of preventing a person from contesting your Will, there are certainly steps that can be taken which will minimise the likelihood of a dispute arising. Here are some key steps you can take:
1. Consult a Solicitor
Engaging with an experienced Wills and Probate solicitor will ensure that your Will complies with the relevant legal requirements and is drafted in a way which is clear and avoids any ambiguity. Wills and Probate solicitors are highly trained professionals who have a wealth of knowledge surrounding estate planning and so you can be sure to receive the specialist legal advice you require.
2. Regular Updates
Ensure that you regularly review your Will to ensure that the contents reflect your wishes. Circumstances can change whether it be divorce, marriage, the birth of a family member, death.
3. Clear Communication
It is advisable to discuss your intentions, where possible, with your family, beneficiaries and executors. This will help manage expectations and reduce any potential surprises that may arise in the future. You have the opportunity to answer any questions your family may have that may have otherwise been unanswered. Sometimes, explaining the rationale behind a decision can alleviate any misunderstandings.
4. ‘Reasons Why’ Letter
Prepare a letter that is kept alongside your Will which explains the reasons why you have left your estate as you have done. This is strongly advised in situations where a close family member such as a child or dependant is being left out of your Will and so will not inherit on your death. Whilst this is not a legally binding document, it can provide valuable context and understanding for your family members and your Executors.
5. Lack of Capacity
In some circumstances, it may be advisable to obtain a medical capacity report from a professional who will confirm your mental capacity at the time of drafting your Will. Often this will be appropriate for, but is not limited to, the elderly, those with mental health problems or those who are disinheriting close family members. Although this report comes at an expense, it is a way of bolstering your will should someone try to argue that your will is invalid on the grounds of lack of mental capacity.
6. Witnesses
For a Will to be deemed valid, there are certain legal requirements that need to be carried out. The main requirement being that your Will must be witnessed in the presence of two independent parties who are over the age of 18 years. It is important that you do not chose a beneficiary or connected party to witness your Wills since this could give rise to a claim for undue influence.
By implementing the above strategies, you can reduce the likelihood of a Will dispute in the further and ensure that your estate is managed and distributed as you wish.
If you would like to discuss any of the above with our fantastic Wills and Probate team, please feel free to contact by telephone on 01244 312306 or by email on wills@oliverandco.co.uk.
