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How to avoid a contested will

There is no doubt that inheritance disputes are on the rise, especially with the number of DIY ‘lockdown Wills’ put in place virtually during the pandemic.

Although it isn’t possible to prevent a Will from being contested, we have put together this quick guide on what to consider when writing a Will to try and reduce the risk.

Seek our advice

People who are creating a Will need to ensure it is prepared and executed correctly, so we always advise that you seek expert legal advice.

We can help by talking you through each step to ensure all your wishes are accounted for and your decisions are understood. Where a challenge is being considered, a copy of the solicitor’s file is nearly always requested and often provides sufficient evidence to deter the challenge progressing.

We can also assist in preparing a letter of wishes which although not legally binding, can be used to explain anything considered to be controversial or that could be challenged.

Check your Will regularly

Once you have created a Will, it is crucial that you review it regularly. Your Will must be reviewed and updated whenever anything changes in your life or after big milestone moments such as births, deaths, marriage, divorce. So, make sure you read through your Will and update it as often as you can.

We can help you by drafting your new Will ensuring that it revokes your earlier Will.

Stay clear and concise

It is important that you explain in detail what your wishes are for your Will and then the reasons behind these decisions.

This will most likely be recorded by your solicitor for future reference, which is why it is essential that you are as clear and precise about your wishes as possible.

We can help you by making sure your Will is clear and unambiguous.

Speak to your loved ones

You may find it hard to discuss your Will with your loved ones but we recommend discussing your Will and making your loved ones aware of your intentions at the time of drafting your Will.

We can help by discussing this with you and how to approach your loved ones if you are unsure.

Need help with a contested Will? Let’s have a chat.