There has been a rise in contested wills in recent years due to various factors, such as longer life expectancy, shifts in family structures, and increasing property values. To prevent a Will from being successfully challenged, it is important to ensure that it is drafted in a way that will hold up against any potential disputes. While no Will can be completely 'indisputable', there are several steps that can be taken:
Have the Will drafted by a professional and include a detailed Attendance Note.
Follow the 'golden rule' established by Lord Templeman in Kenward v Adams [1975], which suggests that if there is a possibility the Will could be challenged on the grounds of testamentary capacity, a medical practitioner should witness or approve the Will.
Write a letter of wishes or explanatory letter to provide additional context.
Include a Non-Contest Clause, which means that any beneficiary who contests the Will forfeits their inheritance as stated in the Will.
Register the Will with The National Will Register to help validate which Will is the last Will and Testament.
Store the Will in a safe place.
Revoke any previous Wills.
Update the Will regularly to ensure its legal validity.
Consider making small gifts to previous beneficiaries.
Discuss the Will with family and beneficiaries to reduce the chance of any shock factor and address any challenges without legal proceedings.
Taylor, S., & Watson-Lee, A. (2021, April 12). How to Make a Will 'Indisputable' [Article]. The National Will Register.
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