What can you do to make sure your will isn’t challenged?

Since 2019 there has been an increase of nearly 40% in attempts to block probate - this is a new record ( Financial Times 13/8/2022)

Several factors help account for this.

• The rise in house prices (which have risen at their fastest rate in 18 years) and the rising value of land means that there’s more to gain in challenging a will and so perhaps embarking on a costly legal dispute becomes more worthwhile.

• A rise in DIY wills made during the pandemic, might contain mistakes, or be open to interpretation,

• Sometimes family members who think they should have inherited but haven’t been included, might challenge probate to make it difficult, expensive and time consuming for those that have benefitted.

Reasons can be as simple as someone may have died intestate,( without a will ) since more than half UK adults don’t have a valid will. The rules of intestacy don’t provide for a surviving cohabiting partner - and in such cases a claim may well be raised.

Or family members may be suspicious about the latest version of a will - perhaps the deceased lacked mental capacity or was unduly influenced by someone else.

So what can you do to make sure your will isn’t challenged?

• If you made a DIY will in lockdown have it reviewed now with legal advice to make sure there are no mistakes and that all the protocols around witnesses and correct signatures are followed.

• It might make sense to discuss your wishes with family members who you’ve decided not to include, giving your reasons.. ( thats’ a brave one though!)

• Make sure the executors of the will are reliable and upstanding so that their suitability cant be challenged.