Lessons from I, Jack Wright

Lessons from I, Jack Wright: Could Your Will Be Challenged?

The recent TV drama I, Jack Wright has captured home viewers. The drama shows the story of a family dispute sparked by a controversial Will. While the storyline is fictional, this issue arises regularly.

Many people assume that once a Will is signed, their estate will definitely pass to their chosen beneficiaries. However, any Will can be challenged, and poorly prepared or outdated Wills can be particularly vulnerable to challenge, often leading to stress, delays and significant legal costs for those left behind.

There are various ways a Will can be challenged, including but not limited to:

• The Will was not executed correctly
• The person making the Will did not have capacity
• The person making the Will was unduly influenced

It is also possible to make a claim on an estate where ‘reasonable provision’ has not been left for certain categories of people e.g. spouse/civil partner, cohabitee, minor child, adult child etc.

Making a Will is not simply about deciding who inherits your assets. Your wishes need to be clear and legally valid.

The following steps can assist in making your Will as challenge proof as possible:

Use a Specialist Solicitor

Professionally drafted Wills are less likely to contain ambiguities or errors that can give rise to disputes. Solicitors ensure your Will complies with the legal formalities required for a valid Will and accurately reflects your intentions. Solicitors are also insured in case anything goes wrong in the unlikely event of a Will being badly drafted.

When making a Will through a solicitor, if relevant, they will advise you who may be able to make a claim on your estate and advise you on options to plan for this.

Address Capacity Concerns

One of the most common grounds for challenging a Will is an allegation the person who made the Will lacked mental capacity at the time it was made. If your Will is homemade, it may be difficult to evidence that you had capacity. If you use a solicitor, they take contemporaneous notes at every stage of the process and specifically address the issue of capacity. These notes can be produced if a claim is made after your death to support the validity of your Will. At David Gray, we keep all our Will files for 99 years to ensure the notes on your file will always be available in the event of a claim on your estate.

Avoid Undue Influence Allegations

A Will should be prepared freely and without pressure from others. Independent legal advice, private meetings with a solicitor, and clear records of the meetings, your instructions and your reasoning can help demonstrate that the Will genuinely reflects your own wishes. A solicitor will also consider indue influence when you make a Will, and if they are satisfied your instructions are your own, and given freely, they will record this in their file notes. These notes can be produced if a claim is made after your death.

Regularly Review Your Will

Family circumstances, relationships and financial situations can all change over time, making regular reviews of your Will essential. If family circumstances or finances have significantly changed since your Will was signed, if someone makes a claim on your estate, this may give them an opening to suggest that your wishes were not up to date.

Can a Will be completely challenge-proof?

The fallout seen in I, Jack Wright serves as a reminder that careful planning throughout your lifetime can help reduce the risk of disputes after your death. If you have not reviewed your Will recently, or if your circumstances have changed, now may be the right time to seek professional advice and ensure your Will is as challenge proof as it can be.

Whilst no Will can ever be guaranteed to be completely challenge proof, there are steps that can be taken to make a successful challenge far less likely and reduce the chance of a claim on your estate succeeding.

If you are concerned that someone may challenge your Will, or make a claim on your estate, particularly if you intend to exclude a family member or make unequal provisions, it is important to seek legal advice.

Our Wills team can help

At David Gray Solicitors, we can help you make or update your Will and provide advice where there are complex family dynamics. Contact our specialist team on 0191 232 9547 to discuss your requirements and obtain tailored legal advice.