Can a Will Be Challenged? Understanding the Inheritance Act and the Importance of a Letter of Wishes

Many people believe that once they’ve written a Will, their wishes are guaranteed to be followed. While having a professionally prepared Will is one of the most important steps in protecting your loved ones, it’s worth knowing that it doesn’t always prevent someone from making a legal claim against your estate.

At Complete Estate Protection, we regularly help clients put robust estate plans in place that not only reflect their wishes but also help reduce the likelihood of disputes after they’re gone. One valuable document that is often overlooked is a Letter of Wishes.

Can Someone Challenge a Will?

In England and Wales, the Inheritance (Provision for Family and Dependants) Act 1975 gives certain people the right to ask the court for financial provision if they believe they haven’t been reasonably provided for.

This means that even where a valid Will exists, the court can intervene if it decides that someone who depended on the deceased has been left without reasonable financial support.

While no estate plan can completely eliminate the possibility of a claim, careful planning can make your intentions much clearer and strengthen your overall position.

Who Can Make a Claim?

The law doesn’t allow just anyone to challenge a Will. Those who may be entitled to bring a claim include:

• A spouse or civil partner.
• A former spouse or civil partner who has not remarried.
• Someone who lived with the deceased as though they were married or in a civil partnership for at least two years before death.
• Children of the deceased.
• Individuals treated as a child of the family.
• Anyone who was financially dependent on the deceased immediately before their death.
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The court will consider each case individually, taking into account the applicant’s financial circumstances, the size of the estate, and the needs of any beneficiaries.

Why Timing Matters

Claims under the Inheritance Act generally need to be made within six months of the Grant of Probate (or Letters of Administration) being issued.

For executors, this creates an important consideration. Distributing an estate too quickly could expose them to personal liability if a claim is later made, while beneficiaries may experience delays until the risk period has passed.

Seeking professional advice before administering or distributing an estate can help avoid unnecessary complications.

What Is a Letter of Wishes?

A Letter of Wishes is a separate document that accompanies your Will. Although it isn’t legally binding, it allows you to explain the thinking behind your decisions in your own words.

Unlike a Will, it can usually be updated more easily as circumstances change, making it a flexible way to provide additional guidance for your executors or trustees.

A Letter of Wishes can include information such as:

• Why you’ve divided your estate in a particular way.
• Reasons for excluding or limiting someone’s inheritance.
• Family circumstances that influenced your decisions.
• Guidance for trustees where discretionary trusts are involved.
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How a Letter of Wishes Can Help

If your estate is ever challenged, a carefully written Letter of Wishes can provide valuable context.

Rather than leaving family members or the court to speculate about your intentions, the letter demonstrates that your decisions were considered carefully and weren’t made by accident or without thought.

This can be especially useful where:

• Families are blended.
• One child has received significant financial support during your lifetime.
• Relationships have broken down.
• You wish to leave unequal gifts for specific reasons.

Although a Letter of Wishes cannot prevent someone from making a claim under the Inheritance Act, it can help explain your reasoning and support the decisions you’ve made.

Keeping It Clear and Up to Date

For a Letter of Wishes to be effective, it should be reviewed whenever your personal or financial circumstances change.

It should always be:

• Clear and easy to understand.
• Honest and factual.
• Consistent with your Will.
• Free from emotional or inflammatory language.

An outdated letter can create confusion, so it’s sensible to review it whenever you update your Will.

Estate Planning Is About More Than Assets

Effective estate planning isn’t simply about deciding who receives your money and property. It’s about protecting your family, reducing the potential for conflict, and giving your loved ones clear guidance during what is often an emotional time.

At Complete Estate Protection, we work with clients to create comprehensive estate plans that reflect their wishes while considering the legal issues that could arise in the future. Whether you’re making your first Will, reviewing an existing one, or considering a Letter of Wishes, we’re here to help.

If you’d like advice on protecting your estate and your family’s future, get in touch with Complete Estate Protection today.

📞 01642 493101
📧 info@ceprotection.com