Contentious Probate – How to protect yourself and your estate from challenge.

One of the most frequently asked questions we hear is; ‘What can I do to stop a claim against my estate?’ Whilst there are no guarantees that you will be able to prevent a claim against your estate after you have passed away, there are various steps you can take to try and protect your position.  We take a look at some of the options available to you below:

  1. Plan ahead

Like with most things, preparation is key. A lot of people see writing a Will as a morbid task which is often put off until the last minute. To avoid a dispute as to whether you have the capacity to make your Will and to avoid any costly mistakes, there is no time like the present to prepare your Will.  It is also important to review your Will periodically.

  1. Use a Solicitor

Whilst this may seem fairly obvious, with access to the internet and other resources being readily available to make a Will at home, many people see a homemade Will as a simple solution to estate planning and to save them the cost of using a professional. Making a Will without a Solicitor can often increase the risk of the Will being invalid or challenged at a later date, the costs of such a dispute will undoubtedly outweigh the costs of preparing the Will with a solicitor in the first instance.

A Solicitor will ensure that your Will is validly executed and complies with the formalities of Section 9 of the Wills Act 1837. The Solicitor should also keep a detailed record of your instructions and wishes, which could prove invaluable in the event of a challenge.

  1. Prepare a Letter of Wishes

If you followed step 2 above, this is most certainly something a solicitor would advise you to do if there is any likelihood of someone challenging your Will or bringing a claim against your estate. Whilst a letter of wishes is not binding on your Executors, it can explain the reasons why have chosen to exclude certain family members from you