Disputes over Wills have become increasingly common in recent years, often leading to emotional and financial distress for families. To help safeguard your estate from such challenges, Pranav Bhanot of litigation law firm WYN Legal shares his expert advice. In this article, he outlines seven key strategies to help prevent potential disputes. From understanding the rules of intestacy to considering discretionary trusts, Bhanot’s insights offer practical steps to ensure your Will reflects your wishes and minimizes the risk of legal battles.
7 Ways to prevent a challenge to your Will.
Disputes over Wills and what has been left for family members has become more common in recent years. Pranav Bhanot of litigation law firm, WYN Legal sets out We seven ways in which you can prevent a challenge to your Will.
- Understand the Rules of Intestacy
If you pass away without a valid will, your estate will be distributed based on the Intestacy Rules, which may not reflect your personal wishes. It’s important to understand these rules to avoid unintentionally reducing the inheritance of those you wish to provide for. - Leave a Modest Gift to Deter Challenges
If you’re excluding a close relative, leaving them a small sum could discourage them from contesting the will. Including a ‘no contest’ clause can further dissuade challenges, but this approach isn’t always appropriate, especially if the relationship is severely strained. - Be Cautious with Specific Bequests
Allocating specific assets to particular beneficiaries can be tricky. Asset values can fluctuate over time, which might result in unequal distributions. Legal guidance can help prevent issues if certain beneficiaries stand to inherit based on specific assets that may change in value. - Draft a Detailed Letter of Wishes
A well-crafted letter of wishes can provide insight into your decisions, especially if you’ve chosen to exclude someone from your will. While not legally enforceable, this document can clarify your intentions and help executors carry out your wishes, as well as support your case if a dispute arises. - Foster Relationships with Charities Early
If you plan to leave part of your estate to charity, establish connections with the organisations during your lifetime. Demonstrating a clear relationship can help defend your estate against challenges from family members who may feel they’ve been unfairly left out. - Consider Setting Up a Discretionary Trust
Rather than excluding a family member who may not be able to manage an inheritance, you could create a discretionary trust. This option offers greater flexibility, allowing trustees to oversee the inheritance and provide support as needed. - Discuss Your Plans with Family Members
If you anticipate someone being disappointed by your will, consider having an open discussion with them beforehand. By addressing potential concerns now, you can reduce the likelihood of family disputes after your death, sparing your loved ones unnecessary stress.
If you would like any more information to prevent a challenge to your Will, please contact Pranav Bhanot of WYN Legal or visit: www.wyn.legal or email pbhanot@wyn.legal
