If you are concerned about the possibility of your Will being contested, then the following steps may help to protect your Will against the potential claims:
- Ensure you have capacity to write the Will. If there are issues concerning this, it is helpful for your GP or doctor to provide written evident that you have capacity;
- The wording in your Will should be clear and unambiguous;
- Where excluding family members, speak with them. If you feel you cannot speak with them then prepare a ‘letter of wishes’ setting out the reasons behind your decision.
- Ensure your Will is executed correctly. Should you still be concerned about someone contesting your Will, you may also consider making a Trust as opposed to a Will. A trust can be used to specify beneficiaries upon your death and cannot be challenged the way a Will can. A Trust is a private document which cannot be placed in to the public domain unlike a Will. Your Will becomes a public document once filed with the Probate Registry.
