Since September 2020 and September 2021, our Dispute Resolution team has seen an 50% increase the number of contested Will enquiries compared to the same period the previous year.
The pandemic has certainly been a key factor in the increase with unexpected sudden deaths and Wills not having been reviewed and updated to reflect any changes to circumstances and wishes. Other factors include the complexities of modern family structures such as blended families, an ageing population and high value estates.
How can You contest a Will?
To contest a Will, you need a valid legal reason to do so such as:
- Lack of valid execution
- Lack of capacity
- Lack of knowledge and approval
- Undue influence
- Fraud and/or Forgery
- Rectification
- The Inheritance (Provision for Family and Dependents Acts) 1975
How can You protect Your Will from being contested?
Communication is key. Speaking with your beneficiaries about your wishes can prevent conflict. By being open and involving all parties who are set to benefit (or not) from your estate can prevent a conflict.
Keep your Will updated. Review it regularly, especially if your circumstances change.
Explain your actions as to why you have divided your estate in the way that you have.
Make sure it is watertight, and it meets all the valid legal reasons set out above.
Seek legal advice.
How can Bromleys can help?
Our expects will guide you through the process and to steer you clear of any potential loopholes. Yes making a Will can be a worry and more often that not, it’s one of the most important legal documents that we tend to put off but by doing it the legal way and by getting a Will that truly reflects your wishes will give you the peace of mind that your estate goes to those who are specified in your Will.
You can simply contact our legal experts on our dedicated Wills, Probate and Planning for the Future helpline on 0161 694 4147 for your free initial telephone discussion. If you prefer, you can fill in our online form or alternatively, you can email us on bromleys@bromleys.co.uk and we’ll call you back. We can also arrange home visits.