What If Someone Challenges Your Will?

Most people create a Will to make life easier for the people they care about. They want clarity, fairness and peace of mind. But what happens if someone disputes your Will after your death?

It is more common than you might think. Modern families are complex, blended and sometimes strained. Disagreements can surface at exactly the moment when those left behind are grieving and vulnerable.

Understanding the risks, and knowing how to reduce them, is one of the most important parts of good estate planning.

Why Wills get challenged

A Will can be challenged for several reasons. The most frequent are:

Lack of mental capacity

Someone claims that the person making the Will did not understand what they were signing or the decisions they were making.

Undue influence

Someone alleges that a family member, partner or carer pressured or manipulated the person making the Will into leaving assets in a way they would not have chosen freely.

Failure to follow the correct signing process

If the Will was not signed and witnessed correctly, it can be declared invalid. DIY Wills are particularly vulnerable to this kind of technical challenge.

Claims of unfairness or financial dependency

In some situations, someone can ask the court for financial provision if they believe you did not make reasonable arrangements for them.

The real cost of a Will dispute

Will challenges are expensive, slow and emotionally draining. Families can find themselves in conflict that lasts months or even years. Legal fees can reduce the inheritance for everyone involved. Even where the Will is ultimately upheld, the process itself can take a toll.

How to reduce the risk of a challenge

Use clear, detailed and professionally drafted documents

A well drafted Will makes your intentions absolutely clear. It leaves less room for argument and shows that your decisions were thought through.

Record your decisions when circumstances are sensitive

If you are making choices that you worry could be misunderstood, it is helpful to record your reasoning. This can make your wishes much harder to attack later.

Use independent witnesses and the correct signing process

This is essential. Many challenges happen because a well meaning family member acted as a witness, or because signing was rushed or done incorrectly.

Review your Will regularly

Life changes. Families change. A Will that made perfect sense five years ago may now cause confusion or conflict.

Peace of mind comes from clarity

Creating a Will is one thing. Creating a Will that stands up to scrutiny is another.

If you want your wishes to be upheld and your family spared unnecessary stress, now is a very good time to review what you have in place.

Contact us today

Let’s make sure you and your loved ones are protected, now and always.

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