Unfortunately, there is no guaranteed way to prevent your Will from being challenged but there are some sensible steps that you can take to reduce the success of a potential challenge.
Some of the most common challenges to Wills involve questions over the validity of the Will based on whether anyone pressured you into making certain provisions in the Will (undue influence), whether it has been forged or whether you had capacity to make the Will in the first place.
You should ask a solicitor to prepare your Will as they will ensure that it has been properly drafted and that it is signed in accordance with the strict formalities that govern how a Will should be signed to ensure that it is valid. If a Will is not signed in accordance with these strict formalities, then it will not be valid and it will open to challenge. As a result, your wishes may not be carried out.
When you meet with a solicitor to prepare your Will, the solicitor will ask to see you alone in order to verify that your instructions truly reflect your wishes and that you are not feeling pressurised by anyone else to give certain instructions. If the solicitor has concerns about this, then they will address these directly with you.
It is also sensible to have a solicitor prepare your Will as it is very difficult for someone to prove that a Will has been forged where it has been prepared by a solicitor and signed in their presence.
Lastly, when the solicitor meets with you to take instructions for your Will and later to sign it, they will be asking your questions about you, your family background, your assets and your wishes to ensure that you have the required capacity to make a Will. This is particularly important if you are elderly, vulnerable or wish to leave someone out of your Will. In some circumstances, the solicitor may suggest that you see your GP (or another suitably qualified professional) so that they can carry out an independent assessment of your capacity to make the Will. This independent evidence confirming your capacity, along with the solicitor’s notes commenting on capacity, are great pieces of evidence that could help defeat any potential claim.
For further information regarding the above or if you would like to discuss a Wills & Probate related query with one of the team, please call on 0800 011 6666 or e-mail the team at legal@timms-law.com.
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