Having a solicitor prepare and witness the signing of your Will should not only ensure that the Will is properly drafted in legally enforceable terms to reflect your wishes but also that it is properly executed in accordance with legal requirements for validity.
A solicitor will ensure that no one is unduly influencing you into making the Will by meeting with you alone to verify that your instructions truly reflect your wishes, and that they are not the result of pressure from anyone else such as a family member or a friend. An experienced solicitor will be aware of those issues and will address any concerns with you in detail. It will be extremely difficult for someone to claim that the Will has been forged if the Will has been prepared by a solicitor and the same solicitor has witnessed its execution.
If you are elderly or vulnerable or there are concerns about whether you have mental capacity to make a Will, or even if a challenge is anticipated due to difficult relationships within the family, a solicitor will be able to advise you on instructing a suitably qualified medical professional to assess your capacity and prepare a report confirming that you have capacity to make a Will.
Obtaining evidence to confirm capacity shortly before you make a Will ensures that your executors have the best evidence should they face a claim against your estate on the basis that you lacked capacity.
Sometimes it may be worth leaving a small amount of money to a potential claimant as knowing that they will receive something from the estate may be enough to persuade them not to challenge the Will. However, this needs careful thought as it can sometimes antagonise potential claimants.
A ‘non contest clause’ could be included in your Will which is a clause which is designed to discourage any challenge by threatening that any such action will lead to them losing their entitlement. However, such clauses need to be carefully drafted if they are to be upheld by the Court and so advice from a solicitor will be required.
How Can Timms Help?
If you need advice on this matter please feel free to contact Wills and Probate at Timms on 01283 214231 or by email at legal@timms-law.com.
