Have you ever been left out of a Will and thought that you deserved something from the estate? Do you think that family members have acted unfairly, or that a step-parent has influenced your parent? do you think that something suspicious may have happened to a parent’s Will? This article discusses the grounds for challenging a Will in the UK, and what specific factors contribute to a successfully contesting a Will.
We are often asked the question “can your Wills be challenged?” Keep in mind that any Will can be challenged. If a loved ones did not receive what they were expecting from a Will, then they are perfectly entitled to challenge the Will. Typically this would be done through a Solicitor.
But very quickly, the solicitor will be able to tell their client whether they have any chance of success.
There are very specific grounds for a Will to be successfully contested, and we will describe these in this article. Let us start with what will not likely result in a successful challenge.
Most UK adults do not have a Will. It’s unfortunate because every adult needs a Will and you shouldn’t wait until some time in the future. A Will should be written whilst you are young, and updated throughout your life. Fortunately, now there are great options to make a Will online.
Traditionally, making a Will was an expensive and inconvenient process. It involved booking an appointment with a solicitor, co-ordinating schedules with a spouse or partner, and then making a follow up appointment for the document signing. The process was also expensive costing several hundreds of pounds to prepare the Will, and several hundreds more every time the document had to be updated.
If you are very lucky, you may be able to find a solicitor who will visit you at home. But this can still be intrusive, and this approach makes it difficult to update your Will over time.
Technically, the Will writing service at LegalWills.co.uk is not a Will template, but rather, 160 templates, offering an infinite number of different Wills. We guide you through the process of preparing your Will by stepping you through ten sections. You answer questions as you go, which directs you through to the next section. Just like a choose you own adventure novel, or Bandersnatch on Netflix.
In this article we will provide an overview of the process, so that you can understand ahead of time, the types of questions that you will be asked, and a sense of the information that goes into a well drafted Last Will and Testament.
What is a Will Template?
Everybody needs a Will, but most UK adults don’t have one. The main reason is that the process has traditionally been an expensive and inconvenient one. It’s not surprising that many people get confused by the cost of a Will, and as a result look for ways to prepare their own Will.
A codicil to a Will is a document, attached to an existing Will, that makes reference to that Will, and describes a change to a particular clause in the Will.
For example, a Codicil might say
In the attached Will, for clause IV “Executor” change the name of the Executor from Jane Green, to Robert Brown.
The only reason for writing a codicil is to save the time and effort in re-typing a completely new document. However, in this article we will explain why, in 2019 and beyond, this type of document has no place in a Will writing plan.
How do I write a Codicil?
You can handwrite or type a Codicil. It should state at the top it is a codicil, and make reference to the document it is altering. You should then describe the clause to be changed, and explain the changes.
A Last Will and Testament is a document that makes key appointments for you, and describes the distribution of your assets, after you have passed away. So how is it possible for this document to cost £1,000 to create with a solicitor, or be completely free if you download a form from the Internet.
Why does the Will service at LegalWills.co.uk cost £39.95?
Please allow us to explain.
Different approaches to writing a Will
There are essentially four approaches to writing a Will;
- Work with a professional Will writer
- Use a solicitor to write your Will
- Use an online service, or interactive software
- Use a blank piece of paper or fill-in-the-blanks form
Option 1: Work with a Professional Will Writer
We need to make the distinction between a solicitor, and a “professional Will writer”. Will writing in the UK is an unregulated profession. Anybody can set themselves up as a Will writer, no qualifications are required.