How can you prevent your Will from being contested by your heirs?

The rise of ‘blended families’, those with children from previous relationships, is a contributor to the significant increase in inheritance disputes. Families with stepchildren can add complexity to inheritance, leading to friction if children from one marriage feel they have lost out to children from another.

Without a well-considered Will, the potential for those disputes to escalate is even greater.

What happens if there is a Will dispute?

If an individual doubts whether the Will represents the genuine wishes of the person leaving behind their assets, then they can challenge the validity of the Will, or the ability of the executor to act, by entering a “caveat” to the court. This might be because they doubt the person’s mental capacity at the time they made the Will or fear some malign external influence on that person.

A caveat prevents the Will’s executor from distributing the deceased’s assets until the concerns have been reviewed by a court.

The number of caveats filed is on the rise, with an average of 839 filed between 1 April and 31 December 2023, a 5% increase of the 802 filed the year before.

However, claims can arise even after the Grant has been issued, for example if a disgruntled beneficiary feels they have not been sufficiently provided for in the Will. They are then not challenging the validity of the Will itself, rather the decisions of the person who made the Will.

The rise in the number of caveats and disputes demonstrates how crucial it is for families to seek professional advice when drafting a Will. This is essential to ensure your wealth is divided according to your wishes.

The best way to limit the risk of disputes between your family members in the future is to ensure you have a detailed and accurate Will, carefully drafted by a professional who understands what all the pitfalls can be. You should also consider communicating your intentions to your relatives and keeping them updated if your plans change.

How TWM can help you

To safeguard your assets from future disputes and ensure your Will accurately reflects your intentions, our specialist private client solicitors can assist you in reviewing and updating your Will.

For further details or to discuss your requirements, please contact our Private Client team today for an initial no-obligation consultation.