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In England and Wales, it’s difficult to prevent someone from contesting a will. In spite of testamentary freedom allowing testators to leave their estates to whomever they wish, your wishes are still open to scrutiny if there is room for it.
People can contest a Will for many reasons. Maybe they believe the contents of the Will didn’t suitable provide for them. Or perhaps they may claim the Will isn’t legally valid.
Situations like this can lead to sour disputes between family members, friends and other chosen beneficiaries. To ensure that you avoid such conflict when you pass away, make sure to follow these 7 steps to prevent someone from contesting your will.
If you need help with drafting a Will, contact our expert team by calling 0203 007 5500 or send an enquiry to [email protected]
1. Consult a legal professional.
The most important thing you can do to prevent someone contesting your Will is to consult a legal professional. A professional understands how to draft a legally valid Will and can highlight areas which may potentially be vulnerable to challenge in the future.
In addition, a professional will make detailed attendance notes during your discussions, thus keeping a record of:
- How they drafted the Will
- What your wishes were
- The state of your capacity when making the Will
If someone tries to contest your Will in the future, this will be important evidence. This is because it shows the drafting of the Will was correct and the documents signed clearly reflected your intentions.
2. Get a signature from a medical practitioner.
A person could contest your Will if they believe that you originally lacked the mental capacity to write one. This is usually known as testamentary capacity.
In short, if there is any chance that someone may contest your Will on grounds of testamentary capacity, a medical practitioner should witness it. Even if you think their claim may be weak, it’s still worthwhile to do.
The presence of a medical practitioner’s signature will show they’re satisfied and agree that you, the testator, have the capacity to make a valid Will. Combining this signature and the notes, this constitutes as very strong evidence and will help significantly in rebutting a claim for a lack of capacity.
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3. Store a letter of wishes alongside your Will.
A letter of wishes is a very good way of explaining your decisions and reasons for leaving your estate in the way you have chosen. This document is separate and will help to prevent someone from contesting your Will.
Such a letter will add context and background to justify your decisions when writing your Will. Consequently, it allows you to have a voice during the litigation process after you have passed away.
By allowing you to explain your choices, this should defend your estate against litigation and help to prevent someone from contesting your Will.
4. Include a “no-contest” clause.
You should always include a “no-contest clause” if you wish to prevent someone from contesting your Will. This clause is important as it will deter any beneficiary from disputing your Will.
With this in place, anyone who challenges your Will, and loses, forfeit any inheritance they may have been entitled to. Those who are considering whether not to challenge will therefore have to consider the cost-benefit of doing so.
On top of this, the existence of a “no-contest” clause in a Will further strengthens the testator’s wishes that only their chosen beneficiaries should benefit from their estate.
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5. Register and store your Will safely.
Once you finalise and sign your Will, you can register it on the National Wills Register. This ensures that your executors and beneficiaries can find your Will by completing a search online after your death.
This will prove that your Will is valid by showing it is the most recent iteration. Furthermore, it may also help to locate where the Will was drafted if completed by a legal professional.
The best place for you to store your Will would be with a solicitor’s firm. This will protect it from damage, loss and keep it easily traceable. By taking these steps, you can prevent someone from contesting your Will by safely retaining the original document both physically and online.
6. Update your Will regularly and revoke any previous Wills.
You should regularly review your Will after every years to ensure it still aligns with your wishes and intentions. By doing so, you can enhance you Will’s validity and show that your current wishes are up to date.
Whilst making a new Will automatically revokes any previous Wills, it’s good practice to destroy or deface any physical copies. This ensures that there is no confusion over your wishes and will help to prevent someone from contesting your will in the future.
7. Discuss with your family, friends and beneficiaries.
Depending on your circumstances, you should discuss the provisions of your Will with loved ones and those included in the Will. This will hopefully avoid any “nasty” surprises when your wishes become public after your death.
Furthermore, this gives you a chance to discuss any concerns prior to any later legal proceedings. By diffusing any potential animosity, this allows your close ones to understand your wishes and deter someone from contesting your Will.
How can Britton and Time Solicitors help?
As shown by these steps, there are many ways you can prevent someone from contesting a Will. Whilst these may not make your Will watertight, they will certainly help protect your wishes and estate.
It’s important to discuss your Will and any concerns you may have with a solicitor. A solicitor will be able to advise you on the best way to proceed with your Will in your personal circumstances and help to prevent someone from challenging it.
If you would like to know more about Wills, trusts or estate planning, or are looking to review and write a new Will, contact our team now by calling 0203 007 5500 or send an enquiry to [email protected].
MY OARTNER MADE HIS WILL ITS IN STIRE WITH HIS SOLICITORS .BUT HE DID NIT MAKE A NO CONTEST CLAUSE.I REALLY DO NOT WANT TO UOSET HIM BECAUSE HE BELIEVES NOBODY WOULD CONTEST HIS WILL BUT I THINK HIS ONLY DAUGHTER MIGHT .I AN A BENEFICIARY IN HIS WILL .WOULD I BE ALLOWED TO INFORM THAT HE SHOULD MAKE A NO CONTEST CLAUSE I DO NIT WANT TO SEEM LIKE I AM HAVING ANY INFLUENCE ABOUT HIS WILL .HE MADE IT WITH SOUND MIND .BUT DID NOT KNOW ABOUT NO CONTEST CLAUSE .WOULD HE BE ALLOWED TO ADDTHIS FACT TO HIS WILL A NO CONTEST CLAUSE .IT WOULD AS YOU SAY PREVENT A LOT OF NASTINESS IF HIS ONLY DAUGHTER WERE TO CONTEST HIS WILL AND IT WOULD I BELIEVE SAVE ANY LATER PROBLEMS SHOULD THEY EVER ARISE .AM I RIGHT TO OUT THIS FORWARD TO HIM .OR NIT I AM ASKING YOUR ADVISE PLEASE .THANK YOU
Learn to spell.
What an unnecessary comment from someone hiding behind a cloak of anonymity.
Don’t be the grammar police you ignoramus
I made a new Will, with my wife who has Alzeimers. She mad a good attempt io signing,should l have taken a Doctor’s note
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Could an ex husband not divorced or co habitee contest a will that leave all to children
Hello Anne, thank you for you comment. Without knowing more details about your relationship status, set up of your will, and estate it’s hard to give an accurate answer. Our client care team will reach out to you to discuss booking a consultation.
Hi. If I die my sister knows where I’ve put the will as I’ve changed it and she only now gets 40% what happens if she rips it up. Says there is no will? Then the courts will decide and slip my assets between 2 sisters. This is not what I want . As I want 50% to go to animal charities. I don’t trust my sisters not to rip my will up and then get 50% each. How do I stop this from happening?
Hello Aurora, thank you for your comment. Without finding out more details about how you set up your will, it’s hard to provide an accurate answer. Our client care team are going to reach out to discuss booking a consultation with our Private Client team.
When I married my husband in 1980 I had four children from a previous marriage. 15,13,5,3 yrs. my husband hadn’t been married before. He adopted the youngest two but we thought the eldest two were too old. Our will states that everything is shared equally between all four.
A year ago a fifty three year old man traced my husband as his father from dna on ancestry. My husband had no idea he ever had a son. I fear that after our death he will contest the will. How can we prevent this happening, he isn’t a likeable man and it’s quite clear that this is his intention.
Hello Dorothy. Thank you for your comment and sorry to hear about your concerns. Our Client Care team will reach out to you to discuss your matter further and see how we can help.
Who pays if you confessed a Will…the claiment only?
Hello Michael, thank you for comments. A member of our team will reach out to you to discuss your questions further.