A recent statement made by a member of the Law Society’s Wills and Equity Committee said that ‘There are several ways to challenge the validity of a Will, though it is a complex area and shouldn’t be undertaken lightly’
To prevent such challenges from being contemplated there are several measures that can be taken to ensure your Will is valid.
1) Ensure it is prepared properly by qualified Will Writers according to the formalities laid out in the Wills Act.
2) Ensure it is correctly signed and witnessed. A good Will Writer will usually attend you to attest this action
3) You must be fully capable under the Mental Capacity Act at the time of giving instructions to make the Will. Again a good Will Writer makes sure you are fully aware of your actions and that you know the implications of the distribution of your estate.
4) You must be free of any third party influence or duress in making the Will. Your Will Writer should confirm this with you.
5) If you exclude any particular family member from the Will make sure the reasons are included in the instructions provided to your Will Writer.
6) If you have excluded any spouse, civil partner or child they may raise a challenge if they are in financial need at the time of your death. It may be better to include some small legacy to prevent such challenge.
Good Will Writers are essential to reduce the prospects of challenges and these are usually experts in Wills,Trusts, Probate and Powers Of Attorney. They are not necessarily solicitors but do have specific qualifications for Will Writing and Estate Administration
