Leave a memorandum to ensure wills are air tight

If an individual is afraid that their will may be challenged, experts are advising persons to leave a memorandum explaining the documents provisions.

Following a query over the proper procedure to prevent potential beneficiaries contesting probate under the Inheritance (Provisions for Family and Dependents) Act 1975 (IPFDA), the Law Gazette advised leaving a memorandum if the reasons for excluding parties are reasonable.

The legal information provider noted that there is a trend in IPFDA for parallel claims to be introduced, using proprietary estoppels, declarations as to beneficial interests, mutual will obligations, and claims based on a contractual relationship.

As claims are made after the deceased's death, there are no independent witnesses and the claimant is free to make a case unchallenged.

Memorandums act as a detailed account and challenge to any claim that may be made against the will, and can help to ensure that a person's final wishes are carried out.

Individuals are also advised to ensure that wills and memorandums are kept up-to-date to avoid persons you want to benefit being left out as circumstances change.

Published by Phil Hammond