When you make a Will, you do so to ensure that your final wishes are carried out after your passing and to ensure that there are no misunderstandings when your estate is distributed. And you don’t want to think that disagreements would arise after your death leading your friends or loved ones to contest your Will, but it does happen.
People contest Wills for many reasons. Some are legitimate reasons, while others are fueled by the intense emotions that show themselves during the grieving process.
Regardless of their motives, there are steps that you can take to prevent your Will from being contested. This article will discuss things you can do to lessen the chance of someone contesting your Will.
Have a Qualified Solicitor Draft Your Will
Many people don’t realise that you aren’t required to have legal knowledge to make a Will. And while you can write your Will on your own, enlisting the services of a qualified solicitor to draft your Will can ensure that the document is written properly and is considered a valid legal document.
The Wills Act of 1837 sets forth the requirements of a valid Will. If your Will isn’t considered valid when you die, your estate will be distributed according to Intestacy Rules, which in turn could lead to people inheriting part or all of your estate that you don’t want it going to.
A solicitor will know the requirements necessary to make a Will valid. They can ensure that your Will includes all the required information to eliminate the possibility of it being invalid.
Consider Your Mental Capacity
If someone believes you lacked the mental capacity to make your Will to begin with, they may contest it. To avoid this, you can arrange for a ‘capacity assessment’. This assessment will determine if you were of sound mind when making your Will and communicate that you did understand what you did when writing your Will and the consequences of your actions.
Another step you can take to ensure that your capacity won’t be in question is to request that your doctor witness your Will. In doing so, if someone were to contest your Will based on capacity, your doctor can testify that you were, in fact, of sound mind when signing your Will.
Avoid a Challenge Because of Undue Influence
Another common reason someone contests a Will is that they believe the testator made the Will because of undue influence, or they were coerced into leaving someone out of it or drafting it the way they did.
When you turn to a solicitor to prepare your Will, you typically meet with them alone to discuss the provisions of your Will. They will also confirm that you agree with the provisions and that they are genuinely your wishes.
If your Will is later contested, your solicitor will be contacted and asked to confirm that the testator themselves made the Will. They will also be asked if anyone who stood to gain anything from their estate was present during their appointment. Having that unbiased third-party attesting to your actions will make it difficult for someone to successfully contest your Will on those grounds.
Include a Letter of Wishes
A Letter of Wishes is a document that accompanies your Will. The Letter of Wishes can include information such as details of your funeral, who you want to inherit small, personal possessions, and can explain why you may have left someone out of your Will. Although it is not a legal document, it can help eliminate the chance of someone challenging your Will.
Keep Your Will Updated
One of the most common reasons a Will is contested is that it hasn’t been updated adequately. When your life circumstances change, you must also update your Will. Some events that should prompt you to update your Will include:
- Marriage
- Divorce
- Remarriage
- Having children
- The death of a beneficiary or executor
- A substantial increase or decrease in assets
- Moving
Updating your Will or making a new Will when your situation changes is an easy way to help prevent upsetting friends and loved ones after your death.
Let Elizabeth Middleton Solicitors Help You Protect Your Legacy
Although there is no way to guarantee that your Will will be challenged, utilising some of the suggestions in this article can help reduce that chance. If you are concerned that your Will could be contested or have any other questions, Elizabeth Middleton Solicitors is here to help.
Our team has been advising clients on estate planning matters for over a decade. We will listen to your needs and provide expert advice on your situation. We offer a comfortable environment and provide empathy, understanding, expertise, and professional care to help you plan for the future.
Contact us today for a consultation in our office in Winnersh Triangle or in the comfort of your own home.
