How to Prevent Someone Contesting a Will

Creating a Will ensures your assets are distributed according to your desires after your passing. Unfortunately, disgruntled family members or beneficiaries can sometimes challenge the validity of a Will, leading to a lengthy and costly legal battle.

In this article Hedges Inheritance Disputes Solicitor Edward Capstick shares strategies to minimise the risk of someone contesting your Will:

Hedges can help navigate the complexities of will disputes, give straight forward and pragmatic advice that is tailored to your goals and budget, and protect your position. You can see further information here and please contact us if you have any questions.

Here’s a closer look at strategies to minimise the risk of someone contesting your Will:

Open and Honest Communication:

• Discuss Your Intentions: Talk openly with your loved ones about your estate planning and explain the reasoning behind your decisions in the will. Sharing your thought process can prevent future misunderstandings.
• Address Potential Concerns: Anticipate any objections family members might have and address them proactively in conversation.

Creating a Watertight Will:

• Seek Professional Guidance: Instruct a solicitor specialising in wills and probate law. Their expertise ensures the will complies with legal formalities and minimises the chances of technical errors that could lead to challenges.
• Clarity and Specificity: Ensure the will is clear, concise, and unambiguous. Leave no room for misinterpretations regarding the distribution of your assets.
• Use of “No-Contest Clauses”: Consider including a “no-contest” clause. This clause discourages beneficiaries from contesting the will by stating they forfeit their inheritance if the challenge is unsuccessful. (Note: The courts have discretion in enforcing these clauses, so they should not be relied upon solely.)

Choosing the Right Executor:

• Competence and Trustworthiness: Select an executor who is responsible, and trustworthy. This person will be responsible for administering the estate according to the terms of the will. Ideally this should be someone you have a close relationship with and that you trust. Alternatively, you may choose to appoint a professional executor to deal with your estate, such as a solicitors firm, however this will likely have some cost implications. 
• Beneficiary Considerations: While it’s not mandatory to choose a family member, appoint someone your beneficiaries respect and trust. This can help maintain peace within the family.

Maintaining Detailed Records:

• Reasons for Decisions: Keep a record (not necessarily a formal document) explaining the reasons behind your choices in the will. This can be helpful if your decisions are challenged in the future.
• Financial Transparency: Maintain clear and organised financial records. This promotes transparency and minimises suspicion about asset distribution.

Regular Reviews and Updates:

• Life Changes: Review your will regularly, especially after significant life events like marriage, divorce, births, or the acquisition of major assets.
• Legal Changes: Wills can become outdated due to changes in the law. Periodic reviews ensure your will remains legally sound.

Mitigating Potential Conflict:

• Treat Beneficiaries Fairly (within Reason): While complete equality isn’t always necessary, strive for a fair distribution of assets that considers individual needs and contributions. Addressing any significant disparities in the will can deter challenges.
• Keep Beneficiaries informed: It is often the case that disputes arise due to individuals receiving less than they had anticipated from a Will. If beneficiaries understand before you die what they stand to inherit under the Will it reduces the chance of conflict as the element of surprise is removed. 

Conclusion:

Preventing a will contest requires a proactive approach. Open communication, a legally sound will, and well-considered decisions regarding executors and beneficiaries can significantly decrease the risk of future disputes. While complete prevention is impossible, these steps can ensure your wishes are carried out with minimal disruption for your loved ones.

Hedges can help navigate the complexities of will disputes, give straight forward and pragmatic advice that is tailored to your goals and budget, and protect your position. 

You can see further information here and please contact us if you have any questions.