COVID-19 - We are open for business and here to help ->

About McLennan Adam Davis

How to Protect Your Will From a Legal Challenge?

There has been a number of legal challenges of late to wills with many potential beneficiaries challenging such documents.

Indeed, there was an 80% increase in the number of challenges to wills that made it to the High Court last year with 178 cases making it to the top court. The figure represented the highest number since 2007, however, with experts predicting that as the property market continues to grow the number of challenges may also, what steps can you take to protect your will?

Protecting Your Will

The simplest way of protecting your will is to talk about it to those it involves (or omits) and employ the help of a solicitor. By being open and honest about your will and informing those involved of what it details, it will be harder to challenge as your wishes will be known to all parties. Many high-profile celebrities have stated that they will not be leaving their loved ones a substantial amount. This in turn makes it difficult to challenge their will when they go as their wishes are well known.

By enlisting the help of a solicitor you can ensure that your will is well drafted and takes into account a number of factors. Many wills are challenged due to another document existing, however, a solicitor can take notes that supports your will and proves that this is your most recent copy. Their notes can be included in a will and be shown to any court that may be reviewing a challenge to your will.

Obtaining a capacity report from your GP can aid you in creating a will if you are ages over 70 as your will could be challenged due to your age. This report would allow you to show that your were of sound mind when you made your will, thus making it difficult to challenge.

Contact Us

If you wish to draft a will or wish to have your document reviewed, our team of solicitors can help. Contact us today using our online contact form or call us on 01292 844 618.


Changes to IHT Nil Rate Band
Welcome to our new website!
“Great communication at all times.” Client, Ayr, South Ayrshire
“Excellent service.” Client, East Ayrshire