{"id":4187,"date":"2021-06-07T08:48:00","date_gmt":"2021-06-07T08:48:00","guid":{"rendered":"https:\/\/simplylaw.waydevelopers.com\/england-wales\/inheritance-and-contested-probate-claims-challenging-a-will\/"},"modified":"2024-05-26T16:27:11","modified_gmt":"2024-05-26T16:27:11","slug":"inheritance-and-contested-probate-claims-challenging-a-will","status":"publish","type":"post","link":"https:\/\/simply.law\/england-wales\/blog\/inheritance-and-contested-probate-claims-challenging-a-will\/","title":{"rendered":"Two Sides of the Coin \u2013 The Will Writer and the Litigator"},"content":{"rendered":"

It has become something of a phenomenon in recent times; the prevalence of the inheritance dispute.<\/p>\n

During times of economic difficulty, every penny does count and it seems that the act of inheritance is now, more than ever, a source of funds that is expected, coveted, and depended upon. But when even modest estates are wrangled over as if the parties are fighting for billions, is there an increasing duty upon the Will writer to ensure that the wishes of the testator are not going to cause a dispute? Is this possible or even ethical?<\/p>\n

Yes, a testator can be warned that if they cut their daughter out of the Will because she became a dancer rather than a doctor, said daughter is very likely to contest the Will. And an explanation to the client that a court may set aside the Will and award the daughter a portion of the estate under the Inheritance (Provision for Family and Dependants) Act 1975 may make them stop to think for a moment, but if the testator is determined to make such a provision, it is their right of testamentary freedom<\/a> to do so. So, how fine is the line between allowing a client to write the Will they want to write and being professionally negligent?<\/p>\n

Why might a Will fail?<\/h2>\n

A disputed Will <\/a>may be set aside by the court on various issues. Primarily, these are:<\/p>\n