In England & Wales, the basic law is that a person can leave assets to whomever they like. However Will disputes are increasingly common, a trend likely to remain because of complicated family structures, property values and the fact that older people are making Wills. Claims are usually brought by people who are unhappy with what they have been left or excluded altogether – they may seek to challenge the validity of the Will itself or seek financial provision. While it is not possible to eliminate challenges, it is possible to minimise the risk.
This is why it’s always so important to engage a specialist solicitor to prepare your Will to advise and, if desirable, obtain a medical report and make additional explanatory file notes to help counter allegations of mental incapacity.