Ensuring that your final wishes are carried out
In recent years, there’s been an increasing number of challenges to wills by disappointed beneficiaries. As the value of property rises, this trend seems set to continue.
Whilst you can’t be certain that your will is not going to be contested after your death, taking the steps set out below offers the best chance of ensuring that your final wishes will be carried out.
Discuss your intentions with family and other beneficiaries
This gives you the opportunity to explain your reasoning and to see how they will react to what you are proposing to do. There then won’t be any unpleasant surprises after your death.
Ensure that you comply with the formalities for making a will
The will must be in writing, signed by you or by another person in your presence and at your direction with the intention of giving effect to the will. It must be signed, or your signature acknowledged in the presence of two witnesses present at the same time who both sign or acknowledge their signature in your presence.
You should also avoid asking any of your beneficiaries to act as a witness as they would then lose their entitlement to receive the gift which you had left them in the will.
Arrange for a medical practitioner to provide a report confirming you have capacity
Wills made by older people or people who have been diagnosed with an illness which may affect their mental capacity are often challenged on the basis of a lack of capacity. If a GP or other medical practitioner prepares a written report confirming that they are satisfied that you have the ability to make a will at the time you are making it, this will make it much harder to challenge.
Include a clause in the will to discourage claims
You could consider leaving someone a relatively small gift on condition that they do not contest your will. This would need to pitched at a level that the disappointed beneficiary would decide not to gamble and risk forfeiting the gift which had been left to them.
Prepare an explanatory letter
Writing a letter to be kept with your will allows you to justify your decisions. It also shows that you know and understand the contents of the will.
Do not involve beneficiaries in the will making process
To avoid any suggestion that you have been pressurised into making the will and that the contents do not reflect your wishes, it is best to arrange appointments with any adviser by yourself and attend these alone wherever possible.
Update your will and destroy the originals of any previous wills
It’s important to review your will regularly as a disappointed beneficiary may be more inclined to challenge a will they believe did not reflect your wishes at your death. If you are storing your will at home, the original of any previous will should be destroyed to avoid confusion.
Instruct a specialist lawyer
The best way of protecting your estate against challenges to your will is to instruct an experienced lawyer to prepare it.
A lawyer, such as a member of the Association of Lifetime Lawyers, will be able to draft your will in a way which is clear and minimises the chance for misinterpretation after your death.
They will also keep notes of your discussions with them and record whether they saw you alone, make sure that the will is signed correctly, and advise on any other measures that should be put in place in your situation.
You can find a local member of the Association of Lifetime Lawyers here: https://lifetimelawyers.org.uk/find-a-lawyer