There have been a number of high-profile will challenges this year in the UK alone with the number of challenges going to the High Court rising by 80%.
With cases such as the landmark Heather Ilott case and more and more people challenging their inheritance, how can you ensure that your will is well drafted and legally binding. We take a look at the steps you can take to ensure that your will does not get challenged by a beneficiary or interest party when you go.
How to Protect Your Will From Legal Challenges
When creating a will we believe that you should enlist the help of a solicitor. Not only will this ensure that your will is drafted correctly, a solicitor can also help you in ensuring that your will does not get challenged. If the will is drawn up in such a way where the language was clear and precise, the courts will rarely interfere with the wishes of the deceased. Giving a reason for why certain gifts have been passed and perhaps why certain people have been omitted to your solicitor can mean that a challenge will be quashed in court. As well as this one of the main reasons that wills are challenged is that there is an alternative will/older will that some believe is the most recent.
For those that are of an older age when editing or creating their will, there are a few simple steps to take to ensure that your age or mental capacity cannot be questioned. By seeking a capacity report from your GP it will ensure that said argument will be difficult to put ahead in court.
One of the main reasons for the rise in the number of challenges to inheritance is the booming property prices, however, the most simple way to ensure that beneficiaries and loved ones know what is in your will is to talk to them and be open about it. This ensure that people are informed of what they may or may not receive upon your death and prevents any unexpected shocks or rash challenges.
Contact Us
For advice on drafting your will or if you believe you have the right to challenge a will, contact us today using our online contact form.