Contested wills are on the rise. According to the Independent, the number of challenges to Wills and trusted estates that have reached London’s High Court have increased by 300% in the last five years.
As a result of the rise of divorces and remarriages, which are creating increasingly complex family arrangements, and increasing amounts of high-value assets, it’s becoming more and more common for relatives to challenge the Will created by their recently-deceased loved one.
Needless to say, contested Wills can provoke a great source of tension between families.
So how can I prevent my will being contested?
Unfortunately, there’s no cast-iron way to ensure that your Will does not result in tension between those you leave behind. The Inheritance (Provision for Family and Dependants) Act 1975 gives Courts plenty of scope to change them if challenged legally.
However, with the right legal expertise and careful planning, you can greatly minimise the chances of loved ones fighting over your estate.
Keep it updated
Without doubt, the best way to ensure that your Will does not provoke friction between your loved ones is to keep it updated. If you pass away with a Will that has been updated relatively recently and that reflects your current status with regards to marriage, children and grandchildren it will provoke much less tension.
For more information about when you should update your will, check out our blog.
Explain your actions
Alongside your will, it is also possible to write an Inheritance Act Statement or Declaration. This explains why you divided up your estate in the way that you did. And although it’s not legally binding if disputes go to Court, it is a good way to potentially diffuse disputes and grievances before they start.
Similarly, you may also find that itis beneficial to discuss your decisions in person with your family members.
Use solicitors you can trust
Of course, the best way to ensure your estate is watertight as possible is to create a Will with trusted legal experts. The right solicitor will guide you through the process at a pace that suits you, offering you a range of options and helping you to personally tailor your Will in order to keep it free from loopholes.
For a personal, authoritative approach to your estate, talk to experienced solicitors Howells today. We can help you to draft a Will that completely reflects your wishes and protects your interest. Call 0808 178 2773 or email info@howellslegal.com.
