South of the border, the number of challenges to Wills making it to the courts is at its highest in eight year. Many of these have been reported in the press, such as the Court of Appeal’s decision to uphold Heather Ilott challenge to the terms of her mother’s Will. Unfortunately, these costly legal battles are also relatively common in Scotland, owing to easily made, but avoidable, mistakes.

In this blog, we take a look at some of the most common mistakes that can lead to a Will being vulnerable to challenge in Scotland and the steps that can be taken to ensure your Will is as watertight as possible.

Will Drafting: Avoiding Common Mistakes

Wills are most often disputed because they haven’t been properly drafted. This is mainly due to people being unfamiliar with the law as it applies to Wills, which can lead to mistakes that have the potential to raise complex legal problems. By making sure your Will is drafted and reviewed by a specialist solicitor experienced in Scotland’s succession law, you can safeguard your Will being contested in the future.

A Will can be contested in Scotland if it doesn’t meet certain formal requirements. If these specific legal requirements aren’t met, the Will will not be considered legally valid. These include, amongst other things, the requirements that the person making the Will is fully aware of the consequences of the terms of their Will, and that the Will is in writing, signed and witnessed.

A Will can also be challenged in Scotland if it doesn’t reflect the substantive laws of succession. These specific legal rules impact the actual terms of a Will because if they aren’t kept in mind, the terms of the Will might be overturned. For example, under Scotland’s succession laws, spouses and dependants have specific legal rights that they claim irrespective of the terms of the Will.

A well as mistakes relating to the law, Wills can also be open to challenge if they don’t comprehensively reflect our personal circumstances. Not only does a Will need to take into account all the property we will leave behind when we die, it also needs to be mindful of the circumstances surrounding the distribution of our estate, such as what is to happen if a beneficiary dies before we do.

Expert Will Drafting in Scotland

While it’s impossible to be absolutely certain that our Will won’t be contested, a validly created, comprehensively drafted Will can help ensure that our final wishes are communicated and respected. It can also substantially minimise the risk of costly legal disputes during what will be a difficult time for those we leave behind. At Anderson Bain, we make sure all these requirements are met and your Will has the effect you intend when the time comes. We review and draft Wills to ensure they’re legally valid and address as many of the possible circumstances that could otherwise leave your Will open to challenge.

Contact Us

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.