How do I prevent my Will from being contested?
Posted on 10th April 2024
Contesting a Will after the death of a loved one can cause significant family disputes and legal challenges. Whilst our Wills Solicitors in Preston do not specialise in claims against estates and disputing Wills, we can offer some helpful guidance when preparing your Will on how to minimise the chance of your Will being contested. Here are practical steps to help ensure your Will stands as firm as possible against potential contests after your death:
Contact our Wills Solicitors in Preston
Professional Will Drafting Solicitors
Having your will professionally drafted by a Wills Solicitor can significantly decrease the likelihood of it being contested. A solicitor ensures that all legal formalities are met and can provide a clear record of your instructions and mental capacity, making a future challenge less likely to succeed.
Discuss Your Will
Openly discussing the contents of your Will with your loved ones can help manage their expectations and reduce potential disputes. Explaining your decisions can prevent misunderstandings and mitigate feelings of surprise or exclusion. Whilst our Wills Solicitors in Preston always advise our clients that their Will is private, and they should only discuss with people they are comfortable and want to share the contents with, in some cases, sharing the Will terms before your death can leave you the opportunity to iron out any potential disputes.
Life Interest Trusts
Creating a life interest trust can protect your spouse or partner, while ensuring your children benefit from your estate in the future. This can help balance the needs of all parties involved, if such a trust is suitable to your specific circumstances. You should seek legal advice before deciding whether or not to incorporate a life interest trust in your Will, as it can have inheritance tax, as well as other practical and legal, implications that you should consider before proceeding,
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Here at MG Legal, our team of friendly solicitors are fully-qualified and have over thirty years' experience in helping clients just like you.
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If you are looking to instruct our solicitors, we have offices in Garstang, Longridge, Lancaster, and Lytham for your convenience.
Capacity
When a person makes a Will, they must have capacity, usually assessed in line with the Banks V Goodfellow test. Gathering evidence supporting your decisions and mental capacity at the time of drafting the will can be invaluable. This includes medical reports confirming your testamentary capacity, especially if there might be any doubt due to age or medical conditions. Our Wills Solicitors can assist with arranging a report to attest to your mental capacity at the time of making your Will, to help prevent any issues with your Will being disputed in the future.
Regular Will Reviews
Regularly reviewing and updating your Will can address any changes in family dynamics or financial situations. Keeping your Will updated can prevent challenges based on outdated information or resolved family tensions. For example, if you are leaving specific gifts in your Will to equal gifts made during your lifetime, but after making your Will you then make these gifts, it would be prudent to update your Will to remove the duplicated gifts, to prevent these becoming disputed after your death.
Avoid Last-Minute Wills
Avoid making a ‘deathbed’ will, as they are more susceptible to being contested due to potential mistakes and the increased likelihood of not having enough time to explain your decisions properly. Instead, make a Will before you need it, when you may even think it is not necessary, to ensure you have plenty of time to consider the implications of your decisions, and the potential disputes that could arise, allowing you time to mitigate these potential issues by seeking expert legal advice from Wills Solicitors.
Avoid Undue Influence
Ensure that the Will-making process is free from undue influence by attending the solicitor’s appointments independently and ensuring your decisions are your own. Wills Solicitors will usually see clients alone, to help rebut any accusation of undue influence if a claim is made against an estate. Our notes would be thorough, reflecting how and when we saw the Will-making client, and the advice given to them.
Legal Validity
Ensure your Will complies with legal formalities, such as being signed in the presence of two witnesses, to avoid being invalidated on technical grounds. As discussed by our Wills Solicitors, here, a Will is easily invalidated by being signed incorrectly or otherwise not complying with Will formalities as outlined by s9 of the Wills Act 1837.
Seek Advice from Wills Solicitors in Preston
Consulting a specialist Wills solicitor who has experience in preparing Wills, as SRA-regulated and highly qualified solicitors, is essential.
By following these steps, you can help safeguard your estate and ensure that your final wishes are honoured without unnecessary legal disputes. However, keep in mind that while you can reduce the chances of your Will being contested, no measures can completely eliminate the possibility. For more detailed advice and support, consult with Wills Solicitors in Preston today.
Call our team on 01772 783314 or email wills@mglegal.co.uk to discuss making a Will with the experts.
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Tagged as: Solicitors in Preston, Wills
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