The number of challenges to wills this year that were decided by the High Court hit an eight-year high with the number of challenges at rates last seen in 2007.

178 challenges went to the High Court with a number of high-profile cases and successful challenges of wills occurring as a result of the booming property prices and the media reporting a number of incidents. With more and more people wishing to leave their loved ones or wishing for their inheritance to skip a generation, it is important that your will is as watertight as possible. We take a look at some of the simpler steps that can be taken to ensure your will is difficult to challenge.

Challenging a Will: Some Key Preventative Measures

There are a number of steps you can take to ensure your will is respected and not challenged by anyone who believes they are entitled to a portion of your estate. It is worth noting that it is not only family members who can challenge your will, but also those who believe they may be entitled to some inheritance.

A simple way to ensure your will is not challenged is simply by talking about it to others and informing those who are involved or mentioned in the will and informing those who may have been left out of the fact. By doing this, it makes the will difficult to challenge as many of your wishes are already known by your loved ones, and those who have been excluded have already been informed. Many people challenge a will because perhaps there is another will or because they believe they should be entitled to some of your estate, however, if you inform those who are omitted they may not wish to challenge or feel they have the right to do so. Many famous celebrities have been open about their will making it exceptionally difficult for their loved ones to challenge.

While talking about your will may seem like a simple step, we understand that such a process can be difficult at times. Therefore, you can also leave a “letter of wishes” that can be attached to your will and used by your solicitor to verify your will and your last requests. This can be attached to your will and provide further support to your will.

A solicitor is one of the best ways to ensure that your will is correctly drafted and is legally binding. A skilled lawyer can inform you of the best steps to take to ensure that your will is as difficult as possible to challenge by providing advice for any issues that may affect you. Their notes can also be included in the reading of your will to protect further your wishes.

One other common reason for wills to be challenged is that people do not believe that when a will was created the person drafting the document was not of sound mind. To combat this you can obtain a capacity report that allows your GP to state that you were in sound mind when you created your will.

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If you wish to speak to our expert solicitors regarding the creation of a will or if you wish to have your will reviewed, contact us today using our online contact form.