Most people approach will writing with the simple aim of leaving clear instructions and minimising stress for their loved ones. Sadly, some wills still end up being disputed, often at great emotional and financial cost to families. At Chiltern Wills, we specialise in helping clients create robust estate plans that stand up to scrutiny. In this article, we’ll explore the main red flags that increase the risk of someone challenging a will, and how careful planning can help you avoid these pitfalls.
1. Blended Families and Complex Relationships
Modern families are rarely straightforward. Second marriages, stepchildren, and children from previous relationships can all create competing expectations when it comes to inheritance.
For example:
- A person may want to provide for their new spouse but also to protect assets for children from their first marriage.
- Stepchildren might assume they will inherit but, legally, they are not entitled to unless specifically included in the will.
Disputes often arise when family members feel overlooked or unfairly treated. These are some of the most common situations that end up with relatives challenging a will.
How to prevent problems:
- Communicate openly with family members (during your lifetime!) where possible, so that conversations can be had up-front, decisions can be explained and there are no surprises on death.
- Use clear, precise wording to avoid ambiguity.
- Consider trusts or life interests to balance the needs of a surviving spouse with children from earlier relationships.
2. Concerns About Testamentary Capacity
A will is only valid if the person making it had the mental capacity to do so at the time. With an ageing population and rising cases of dementia, capacity is a growing area of dispute.
If there is any doubt, disappointed beneficiaries may consider challenging a will on the grounds that the testator didn’t understand what they were signing. Even if capacity was present, a lack of record keeping can fuel suspicion and litigation.
How to prevent problems:
- Obtain a professional assessment of capacity if there are concerns.
- Ensure the solicitor or will writer drafting the will keeps thorough notes.
- With a very elderly client, however good their testamentary capacity, it can be easy for a disappointed beneficiary to cast aspersions on their capacity if they have made a Will very late in life. Consider the possibility of them ‘doing nothing’ and relying on an earlier Will or intestacy, in order to achieve broadly the right result. An earlier Will is likely to be more robust in the event of a challenge, as long as its provisions are still acceptable to the testator, of course.
- Avoid DIY wills in situations where capacity could later be questioned.
3. Excluding Close Family Members
English law allows you to leave your estate to whomever you choose, but certain close relatives and dependants may have a legal right to claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they are excluded or inadequately provided for.
Situations that frequently lead to challenging a will include:
- Cutting out a child in favour of others.
- Disinheriting a spouse or long-term partner.
- Leaving the bulk of the estate to a charity or non-relative, without explanation.
How to prevent problems:
- Record your reasoning in a formal statement of wishes.
- Consider leaving modest provision for the beneficiary who is likely to be disappointed (both to head off a claim and to make it clear to all concerned that you had not forgotten about them) or use alternative structures such as trusts.
- Take legal advice if you are planning to exclude someone who may have a claim.
4. Homemade or Poorly Drafted Wills
DIY wills can save money in the short term, but often cost families dearly in the long run. Errors in wording, missing signatures, or ambiguous instructions can open the door to disputes and claims.
How to prevent problems:
- Always have your will drafted by a qualified solicitor or will writer.
- Update your will regularly to reflect life changes such as marriages, divorces, or new children.
Final Thoughts
No one wants their final wishes to be overshadowed by family disputes. But without proper planning, issues such as blended families, capacity concerns, exclusion of close relatives, and poorly drafted documents can all increase the risk of someone challenging a will.
At Chiltern Wills, we work with clients to create clear, legally sound wills that reflect their wishes while reducing the chance of conflict. If you’d like tailored advice on safeguarding your estate from disputes, get in touch with us today.