Wills can and do get contested all the time, so make sure you get it right.
A Will is not a simple document. There’s a lot to consider - family dynamics, blended families, the list goes on. To be valid, a Will must be created correctly and thoroughly so that your property is dealt with how you want it to be and if it does get challenged, your wishes are able to be defended.
Take the time to consider
Are there any family members that you don’t get along with? If so, what is the reason and how are you related? Are there any other factors like adoption or stepchildren that need to be considered?
Blended families can be tricky. Is one partner more likely to die before the other? How do you want to split/protect the assets for that person and their children? Does one partner stand to receive a windfall?
While there is a moral duty to provide for close family members e.g. partners/spouses, children, or other dependent family members, let’s be clear, you cannot rely on your partner to provide for your children if you die first. If a Will is not drafted properly and you were to die first, your children could lose out on their inheritance.
Making a Will as a couple
This can be a hard one. Do both partner’s instructions and wishes match? Is one person more dominant than the other? Are they willing to meet separately with their lawyer?
Is the person making the Will under anyone’s control
Sometimes we come across cases where one partner is exerting influence on the other. It’s important that as the Will-maker you can give clear instructions in your own words.
A solicitor will always try to ensure anyone present who is going to benefit from the Will is not influencing the other person. An alarm bell could be that the Will-maker is deferring to another person to guide them on how to answer the questions.
Take this scenario:
A husband and wife go to their solicitor to create Wills and Enduring Power of Attorneys. The wife is terminally ill. They are a blended family with no joint children, but each have children from previous relationships. In this case, it is clear the wife is going to die before the husband and the husband stands to receive a windfall. The husband instructs the solicitor that their Wills are to leave everything to each other. While the wife initially agrees, when spoken to separately by the solicitor, she instructs that she wishes her estate to be left to her children and not her husband. In this case, if the wife’s instructions weren’t taken independently of her husband, and her Will was drafted accordingly, her husband would end up with everything, and her children would likely receive nothing.
Are there rules about changing your Will?
Wills can and do get changed all the time. It’s a scary thought, but you don’t have to tell anyone - including your partner or spouse, if you change your Will. Unlike a Contracting Out Agreement where both parties need to mutually consent, one partner could easily change their mind and alter their Will down the line.