Will disputes are increasing in the UK, with contested probate cases rising by over 30% in the last five years. A well-drafted Will is your best defence against challenges, but there are additional steps you can take.
The most common grounds for challenging a Will are: lack of testamentary capacity, undue influence, lack of proper execution (witnessing), and claims under the Inheritance (Provision for Family and Dependants) Act 1975.
To protect against capacity challenges, consider having a medical assessment at the time you make your Will, especially if you're elderly or have any health conditions that might affect capacity.
To guard against claims of undue influence, make sure you discuss your wishes with your advisor privately, without the presence of any beneficiary who might be accused of influence.
Proper execution is essential. Your Will must be signed by you in the presence of two independent witnesses, who must then sign in your presence. The witnesses cannot be beneficiaries or married to beneficiaries.
If you're excluding someone who might expect to inherit — such as a child or spouse — include a brief explanation in a separate letter of wishes. This shows your decision was deliberate and informed.
Using a qualified Will writer or solicitor significantly reduces the risk of your Will being challenged. DIY Wills are far more likely to contain errors that can be exploited.
At Castle Family Legal, we take every precaution to ensure your Will is robust and defensible. Contact us for expert Will writing services.
