This is aslightly sensitive topic, and therefore there isn’ta lot of information out there on it. But the fact is, in today’s society, it’s very common for a testator to want to exclude a certain family member from their Will and prevent them from claiming the inheritance they would otherwise be entitled to under the rules of intestacy.
The reasons for doing this can vary. Perhaps relationships have soured, or having children with multiple partners has led to a complicated andunstable family structure. In other circumstances, it may be for the relatives own good – if they struggle with addiction, for example, a sudden influx of funds could make their situation worse.
You can’t stop blood relativesfrom making a claim, but you can minimise the chance of them succeeding by ensuring your Will is written in a specific way. It’s not just a case of naming the intended beneficiaries, as this alone may not be strong enough to prevent unwanted parties from overturning your wishes.
How to Write a Will Properly to Prevent Unwanted Parties From Making a Successful Claim
There have been recent cases in the UK where courts have partially overturned a deceased’s Will and awarded money to relatives who were left out – even when instructions were included in the Will clearly stating that those parties should not be beneficiaries and that any claims they make should be ignored.
You may be wondering why you should bother making a Will at all if it can just be overturned once you’re gone. Firstly, in the cases mentioned above, if there had not been a Will at allthe claimant would have received far more inheritance under the rules of intestacy (the rules that apply if you die without a Will) than they eventually managed to get through the courts. So the Wills in these cases did still hold a lot of power,preventing the claimants from receiving anywhere near the amount they asked for.
Secondly, the only reason these claimants were partially successfulis that the Wills in question weren’t written thoroughly enough and holes were left in the documents that allowed unwanted parties to dispute the testators’ instructions.
So the first step to preventingbloodrelatives from successfully claiming on your estate is to make a Will and detail who should and shouldn’t benefit from your estate. But the second important step is to include in your Will specific information about the instructions along with detailed justifications for your decisions. The court may want to see that you’ve considered your decision from different angles, and it can also help to pre-empt any likely counter-arguments and rebuff them in your Will.
As professional Will writers, we understand how to portray your instructions in a broad and thorough mannerso they have the best chance of holding up in court under the scrutiny of a lawyer. Aside from completing the exclusion section of your Will appropriately, we may suggest you include a separate document along with your Will giving more detail about your instruction. This can help the executor and the courts tounderstand your decision, and it shows that you have given it sufficientthought –minimising the chances of a successful claim.
Once I’ve excluded Someone From My Will, Can I Ever Change My Will to Include Them Again?
Excluding a blood relative from your Will can be a tough decision to make, and it’s understandable to feel a little apprehensive about making it ‘official’. But the good news is that your instructions are not set in stone – your Will can be reviewed, updated, or re-written whenever you wish. For example, if you exclude someone due to problems with addiction, but then they turn their life around in the coming years and you decide that they are now responsible enough to use their inheritance wisely, we can help you update your Will to reflect your current wishes.
The Bottom Line
Although you can’t prevent a blood relative making a claim after you’re gone, you can minimise the chance of them being successful. To do this, it’s important to use a professional Will writer – one who understands what details the courts will be looking for and how to create a legally-binding document designed to be effective across a range of scenarios. At Michael Usher Wills & Estate Planning, we’vebeen writing these kinds of wills successfully for 30 years. And asfully regulatedmembers of the Institute of Professional Willwriters,you can be confident our service is of the highest quality. If you’d like to discuss this sensitive topic in more detailplease contact us on one of the numbers below or book a FREE consultation here. We look forward to helping you.
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COVID-19 Update
Due to the current situation, you are now able to make a Will with us remotely for yoursafety and convenience. Please read the article below to find out how this works.
