By Sandra Kowalska
Writing a will is an important way to protect yourself, your loved ones and make sure your wishes for your estate are carried out after you pass away. When it is prepared correctly, a will is a legally binding document that must be followed when distributing your assets, which can provide reassurance and simplify the responsibility of dealing with your estate for your executors and beneficiaries. As the testator – the person writing the will – it is vital to meet the legal formalities for this reason and to avoid any unnecessary surprises.
However, the legal standing of a will also means that any errors in the document or disagreements between beneficiaries, no matter how minor, as small as a typo, usually need to be resolved through legal means.
Naturally, a dispute between friends and family members during their time of grief is the last thing any testator or family member wants. Here, the expert contentious probate solicitors at Switalskis outline some of the most common disputes that arise over the contents or legal status of a will, and the steps a testator can take in preparing their will and planning their estate to clarify their intentions and minimise the risk of a family falling out.
What are the common disputes over wills?
Writing a will can involve a number of risks that may lead to a dispute, especially if you do so yourself without any input from a solicitor. There are only a limited number of grounds on which someone can challenge the legality of a will, but there are many more circumstances that can lead to disagreements or ill-feeling and suspicion among beneficiaries, friends and family.
As we have noted, errors in drafting the will are unfortunately common. Will writers and other legal professionals are only human, and mistakes can happen. The will must be signed by the testator and two independent witnesses who are not beneficiaries, each in the presence of the others. If these legal formalities are not met, the will can be deemed invalid and overturned, even if it clearly outlined the testator’s true wishes, which can lead to carefully laid estate plans being discarded.
Ambiguities represent an equal concern. It is possible to have the court make a ruling where the wording in a will is unclear and, while this may be more straightforward than a dispute between beneficiaries and other interested parties, it can still add stress to the process of managing your estate at a time of grief. It can also lead to considerable legal costs, which sometimes can be settled out of estate funds, but often these may not be readily available and tied into assets like land or shares.
Finally, if you have made decisions or assigned gifts that could be considered controversial, they may be liable to challenge. In particular, if you have intentionally left out specific parties from the will, they may feel motivated to challenge the document. Someone who has been left out of the will or believes they deserve a larger provision may also be able to claim financial provision through the Inheritance (Provision for Family and Dependants) Act 1975, which can affect the gifts you have assigned to other beneficiaries. You cannot completely avoid the risk of Inheritance Act claims except by carefully considering the provisions of your will and making sure the relevant parties are taken into account. You may wish to prepare an accompanying Letter of Wishes, or even speak to a contentious probate solicitor to understand the future risks for your family.
How can testators prepare a legally valid will?
Testators can take a few key steps to remove ambiguities from their will and reduce the risk of disputes. The first is to carefully review the legal formalities that a will must meet, including the requirement for independent witnesses to sign and watch the testator sign the document. It is often easier to have a solicitor write your will for you and have the same executed at their offices, as they can provide independent witnesses and give you peace of mind that the document has been prepared according to the legal requirements. A solicitor can also help you to consider the practical and tax implications of your decisions before the will is finalised and, if necessary, attest that you were of sound mind and not subject to any undue influence when you wrote the document.
Leaving your will in a secure location and advising only a few people whom you trust of its location is a good way to make sure it is not subject to tampering without your knowledge. While this is rare, it can give you peace of mind to know that your last will and testament is locked away with a solicitor or in a secure location, and remove any doubts about fraud or forgery that may arise after you’re gone. A solicitor will always store your will in a secure and fireproof will bank. It can only be accessed by you or your executors after your passing. This is crucial as the original document will be required to apply for a Grant of Probate after your passing, so if the original is lost it can lead to serious complications and an assumption that the original was destroyed and revoked.
If you intend to leave certain parties out of your will and believe this could lead to a dispute, it may be a good idea to include a letter of wishes with the document. While the letter of wishes is not legally binding, it can offer additional context and clarify your intentions in a way that leaves no room for ambiguity. Discussing your will openly with friends and family members can also make your plans clear, and potentially help them to identify any concerns about the will after you die and its contents are made public. However, taking legal advice is ultimately the best way to be certain that your will meets the legal requirements and is at minimal risk of a legal challenge or dispute.
Disclaimer: This article contains sponsored marketing content. It is intended for promotional purposes and should not be considered as an endorsement or recommendation by our website. Readers are encouraged to conduct their own research and exercise their own judgment before making any decisions based on the information provided in this article.
