What is the best way to Prevent a Legal Challenge to my Will?
You can take steps to reduce the likelihood of your Will being challenged. One of the key steps is to be open and honest with your loved ones about your Will. By informing them of what your Will contains will allow them to know what to expect when you die and what each beneficiary is expected to receive.
A well known example of this is Bill Gates, who has already stated in public that most of his Will shall be left to charities, thus eliminating potential challenges.
Another important step to prevent your Will being challenged is to leave a strong paper trail in the creation of your Will. Describe each gift with careful and concise language is also important so there is no mistaking your intension. The courts will rarely interfere with a Will where the wishes are clear from the person making the Will. Moreover, having a paper trail will be strong evidence to support that the Will was not tampered with.
The lawyers from Dawson & Gardiner have many years experience drafting Wills for their clients. If you are worried about your Will or if you need help drafting your Will in clear and concise language please give our friendly team a call on 02 4954 8666
When Can A Will Be Contested?
A Will may be challenged for a number of reasons; however, the most common reasons that a Will is challenged in our experience is if the Will is not legally binding or people believing that the Will has been tampered with. Other common reasons for a Will being challenged are:
- that there is a belief that there could be a more recent Will,
- proper provisions have not been made for loved ones,
- a mental issue or uncharacteristic Will provisions or
- beneficiaries believing that the person was tricked into writing a different Will.
It is important to remember that a Will can be challenged by other people other than the beneficiaries involved in the Will. A Will may be challenged by anyone that has an interest or relationship with the person. It is therefore very important that you have your Will drafted by a solicitor and kept up to date as circumstances change.
As with all areas of Wills and Estate Law, each matter is unique to those involved and everyone’s circumstances will be different. If you have further questions about this subject, please contact our Wills & Estate lawyers at Dawson & Gardiner on 02 4954 8666