Writing a Will – Why Leave it to Chance?
As important as it is to make a Will, it is equally important to keep it up to date with your life’s choices. If you don’t, your Will could be challenged after your death and your estate could be distributed in a way you didn’t intend.
You can’t always provide for everybody and, in your mind, you might feel your children are all grown up and able to look after themselves, or your on-off partner shouldn’t expect anything. But you need to make sure your Will reflects this and, if necessary, records why you feel that way.
The shoe may be on the other foot and you may have cared for someone who simply didn’t take the time to update their Will and so you have been left nothing. Did you know that an unmarried couple don’t automatically inherit when one person dies? Many people believe a “common law” husband or wife will inherit – but this is fiction, not fact.
Whilst a Court does not decide lightly to change the way a person’s estate is distributed if they have made a Will, claims can be made for ‘reasonable financial provision’. This could include the Court ordering a lump sum payment from your estate, a regular payment or some other order to reflect what somebody has argued your wishes were, shown by the way you treated them during your life. The problem with the Court making an Order to reflect what your wishes may have been, from beyond the grave, is that nobody can ever be certain. So why leave it to chance?
Whether you want advice on your current Will and limiting the risk of a claim on your estate, or if you feel you have a potential claim against another estate, speak to a specialist solicitor. David Gray Solicitors can help you make sure your Will reflects your wishes, and advise you on any inheritance dispute.