Preventing Will Disputes: A Practical Guide

A will is one of the most important documents you will ever create. It sets out how your estate will be distributed after you pass away and ensures your wishes are respected. However, even the most carefully written wills can be challenged, leading to costly and stressful disputes for your loved ones.

 

While no one can guarantee a will is immune to challenge, there are steps you can take to greatly reduce the risk. In this guide, we explain what causes will disputes and how you can minimise the chances of one arising.

 

What is a Will Dispute?

A will dispute happens when someone challenges the validity or terms of a will. This might involve claiming the will was not properly made, that the person making it lacked mental capacity, or that they were influenced by someone else.

 

In England and Wales, disputes are usually brought under the Inheritance (Provision for Family and Dependants) Act 1975 or through a challenge to the will’s validity.

 

Common reasons for disputes include:

  • Allegations of undue influence or pressure

  • Claims the will was not signed or witnessed correctly

  • Doubts over the mental capacity of the person making the will

  • Disagreements about how the estate is divided

  • Claims that a dependant was not left with reasonable financial provision

Why Will Disputes Are a Problem

Disputes can cause long delays in administering an estate. They can also reduce the amount available for beneficiaries, as legal costs are often paid from the estate. On top of this, family relationships can break down under the strain of a legal battle.

Preventing disputes is, therefore, not only a legal consideration but also an emotional and practical one.

 

Steps to Help Prevent Will Disputes

1. Use a Solicitor to Draft Your Will

DIY will kits or online templates may seem cost-effective, but they can leave room for errors and ambiguity. A solicitor will ensure your will complies with the law, is worded clearly, and reflects your wishes accurately. They can also keep detailed notes to support the will’s validity if challenged later.

 

2. Keep Your Will Up to Date

A will that no longer reflects your circumstances can be a source of dispute. Review it regularly, and after key life events such as marriage, divorce, the birth of a child, or the acquisition of significant assets.

Updating your will helps prevent misunderstandings and ensures your intentions are always clear.

 

3. Be Clear in Your Wishes

Ambiguity is a common cause of disputes. Use precise language and avoid vague terms. If you want to leave certain items or sums of money to specific people, list them in detail.

If you are excluding someone who might expect to benefit, it can help to record your reasons in a separate, signed statement kept with your will. This is known as a “letter of wishes” and can be valuable evidence if a dispute arises.

 

4. Consider Potential Claims

Think about who might have a legal right to claim under the Inheritance Act. This includes spouses, civil partners, children, and anyone financially dependent on you. If you are not providing for someone who falls into these categories, explain why in your letter of wishes and take advice from your solicitor on how to minimise the risk of a claim.

 

5. Check Mental Capacity and Avoid Undue Influence

If there is any possibility your capacity could be questioned in the future, consider getting a medical assessment at the time you make your will. Your solicitor can also take steps to confirm you are acting of your own free will, without pressure from others.

This can help defend against allegations of undue influence or lack of capacity later on.

 

6. Store Your Will Safely

Make sure your will is kept in a secure location and that your executors know where to find it. Lost or damaged wills can cause unnecessary complications and disputes.

Solicitors often store original wills for clients and provide copies to executors.

 

The Role of Professional Advice

Even if your estate is straightforward, professional advice can help you identify and address risks you may not have considered. Solicitors can advise on inheritance tax planning, trusts, and other measures that may protect your estate and reduce the likelihood of conflict.

 

Final Thoughts

No one likes to think about disputes arising after they pass away, but taking steps now can protect both your wishes and your loved ones. By having a clear, legally valid, and up-to-date will – and by seeking professional guidance – you can greatly reduce the risk of costly and stressful disputes.

At Dudden Law, our wills and probate team can help you create a watertight will tailored to your circumstances. We also advise on ways to minimise potential challenges and safeguard your estate for the future.

If you would like to discuss making or updating your will, contact our team today here.

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