Wills question:

How do I stop one of my daughters contesting my will after my death?

posted in Wills | 1 response

Flag as objectionable

Responses:

Sarju Kotecha

Sarju Kotecha's response

If your daughter is intent on disputing the Will there is nothing to stop her. However, steps can be taken to discourage or indeed limit the scope for a successful challenge.

The key is to instruct a solicitor (preferably one who is STEP qualified) and give details of your concerns.

Much will depend upon the basis upon which you think a challenge may be raised.

However, having a clear and detailed attendance note of the Will making process from the solicitor, a statement of reasons for your Will and departures from previous Wills, a medical assessment if there is any question about whether you have capacity to make a Will and perhaps a non-contest / non-challenge clause might all assist.

The key is to take instruct a solicitor and discuss your concerns fully and provide details of those.

A homemade Will is likely to encourage a dispute or worst still be invalid as a matter of law.

Hope that helps.

Sarju Kotecha