A Will which has been prepared by legal professionals is designed to ensure that who you have decided to benefit from your estate is clear.
In cases where a person dies without a valid Will, the Intestacy rules determine who will receive what from the estate. Your estate includes everything from cash in the bank, to cars, jewellery, and pets. Basically, anything in your sole name forms a part of your estate.
Therefore, if a Will is unclear in any way or formatted incorrectly, then it can be challenged by those left behind. It is reported that contested Wills cases in the High Court increased by 62% in 2019.
Common reasons for challenging a Will were ‘undue influence’, which had the least likelihood of success, with ‘lack of capacity’ and ‘lack of knowledge and approval’ being the most successful reasons.
The following is a non-exhaustive list showing the ways in which a Will may be challenged on the basis of how it is drawn up:
A valid Will must be in writing, signed by the person making the Will in the presence of two independent adults who act as witnesses. The witnesses must also sign the Will in your presence.
The witnesses cannot be beneficiaries or mentally incapable of understanding their role as a witness. If any of these rules are not adhered to, a legal challenge could be made.
This applies to anyone who lacks the mental capacity to prepare their Will and understand its content and the consequences of their instructions. In such instances, the Will can be found invalid.
Examples of this may be not understanding that the Will has divided their estate, not understanding their estate’s true value, or suffering from a condition affecting cognitive function or memory.
- Failing to make reasonable provision for someone who is financially dependent on you
This is a stipulation from the Inheritance (Provision for Family and Dependents) Act 1975, which states that reasonable provision must be made for those who depend on you for income. This can be a spouse or a minor child. In specific circumstances, this may include adult children.
If a Will fails to adequately provide for such a dependent or omits them entirely, then it can be challenged.
- Lack of knowledge or approval
This applies if it is proven that the Will maker did not have full knowledge of the contents of the Will, and therefore didn’t completely understand what they were signing.
Perhaps obviously, any Will that is proven to be forged or containing a forged signature will be deemed invalid and therefore can be challenged.
WHAT TO DO NEXT
For any advice about writing your Will, get in touch today for a free initial consultation in complete confidence. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9720 to find out how we can help you.
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