Households are being urged to leave a letter of wishes alongside their Will to help stop it being contested, according to legal firm Woodfines. Even with clear instructions, there is always a possibility of legal challenges, particularly when family members feel they have been unfairly excluded.
Why legal challenges happen
If the challenger is a dependent or close family member, they can still bring a legal claim if they did not receive reasonable financial provision. Only a small percentage of Wills in England and Wales are formally contested, and of these, an even smaller number result in a successful challenge.
However, for loved ones, the burden and pain of dealing with a contested Will can add unwanted stress at a difficult time.
What is a letter of wishes?
Woodfines explains: "In addition to a legal professional’s notes, a letter of wishes can support your Will. If anyone mounts a challenge to its contents, a clear explanation of all decision making in your own words can be a major help."
Including your thought processes can provide clear context to your Will. That way, a court can understand the decisions you have made if someone is challenging the validity. It can help defend your estate against litigation by removing possible reasons for a challenge.
How to include your explanations
An explanation for your decisions can be either included within the Will itself or in a side letter. Remember that a Will becomes a public document after the granting of probate, so think carefully about the emotional impact of taking that route.
A Will is an expression of your wishes after your death, and these wishes can change over time, experts say. It is a good idea to review your Will regularly, which allows you to check that it still matches your intentions and enhances its validity by proving that its contents are up to date.
When you make a new Will, you should also destroy any physical copies of any previous Wills. Although a new Will automatically revokes any previous Wills, destroying them ensures there can be no confusion in future.
