How do I prevent my Will from being challenged/contested?
16 August 2022
If somebody isn’t happy with what you’ve included in your Will and they feel that they’ve not been provided for enough, or at all, then certain categories of people can challenge or contest the Will.
The law that enables them to do that is called the Inheritance (Provision for Family and Dependents) Act 1975 and that sets out the different categories of people who can make a claim against your estate. These categories include your spouse, your partner if you’ve lived with somebody for two years or more, your children, anyone who you treat as a child like a stepchild and anybody who’s financially dependent on you.
They have a period of six months from the date that Probate is granted on your estate to start a claim. There’s nothing that you can do when you make a Will to prevent somebody’s right to make a claim.
What we always advise somebody to do if there’s a chance that somebody might not be happy, is to write a letter to go with your Will to explain why you’ve made the Will in that way and why you may have excluded somebody or not given them the same as somebody else. If that person then does make a claim, your letter is your first-hand evidence to explain why you made the Will in that way and if it ever did go as far as court and a judge had to decide what to do, then your letter would be very strong evidence to support your reasons why you made the Will in the first place that way.
Here is a video recorded by Partner & Joint Head of Wills, Probate & Trusts, Stephen Coates:
Our Wills, Probate & Trusts team are on hand to answer any queries or questions you may have. They can be contacted by calling 01302 341 414 or by filling out our online enquiry form!
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