Protecting exclusion wishes during probate, sadly some relationships are broken beyond repair. Because of this, people want to ensure their estranged family member does not benefit from their estate. This has caused disputes with wills for many years, with disgruntled relatives contesting wills that do not include them. Ultimately, it is up to the testator who benefits from their estate, and they need to reflect their wishes in a valid will. This blog looks at how to do that.
Protecting Final Wishes
If a testator is certain they want to exclude a family member from their will, they need to have a valid will that states all beneficiaries. They can then add a Letter of Wishes explaining the reason for the exclusion. If the person or people excluded from the estate try to contest or make a claim, the Letter of Wishes clearly shows there were no errors with the will and that it was the intention of the testator to exclude them. It is important to recognise that this does not 100% guarantee that claims will be unsuccessful, but it is unlikely they will succeed.
How to Write a Letter of Wishes
A Letter of Wishes is not enough by itself. The reason explained in the LOW must be factual, leaning towards statements rather than emotional explanations. Although it doesn’t have to be completely void of emotion, it needs to be clear and to the point, highlighting a valid logical reason for the exclusion. It cannot be solely based on feelings. Examples of strong reasons include:
- The person received financial provisions during the testator’s life, and any further gifts would be unfair to other beneficiaries.
- The testator and the person in question have not been in contact or had a relationship for a considerable time.
- The excluded person is considerably better financially than the other beneficiaries.
- The person in question has committed a serious crime which caused the estrangement.
- The person is reckless with money or an addict.
- The person has requested not to be included in the will.
These are merely examples, and each case will have different circumstances. As long as your reason is clearly stated and factual, there is no reason to believe a claim will succeed. It is also a good idea to be open with all beneficiaries about who you have named.
Contact UK Probate Reseals on 0208 1502010.
