What you can do now to protect your estate and your intentions.
Discover everything you need to know about how to reduce the risk of a successful challenge to your will:
At Heritage Estate Planning, a question we’re often asked is “how do I stop someone making a claim on my will”, and it’s one we completely understand. If you’ve taken the time to put a will in place, you want certainty that your wishes will be followed.
The honest answer may not be what you expect. Unfortunately, you can’t completely stop someone from making a claim on your will. However, you can take practical, sensible steps to reduce the risk of a successful challenge. In our experience, careful planning truly makes all the difference.
In this article, I’ll walk you through how this works – and what you can do now to protect your estate and your intentions.
In the UK, certain individuals have a legal right to bring a claim against an estate under the Inheritance (Provision for Family and Dependants) Act 1975. This includes:
Even if your will is perfectly valid, someone in one of these categories can still make a claim if they feel they haven’t been reasonably provided for.
It’s also important to understand the distinction:
You may not be able to prevent either entirely. What you can do is significantly strengthen your position while you still can.
If there’s one step we always emphasise, it’s this – a professionally drafted will is one of the strongest protections you can put in place.
When we work with clients, we don’t just write down their instructions and wishes, we ask the right questions, identify potential risks, highlight legal conversations, and ensure everything is correctly executed.
Importantly, we also create a clear record of your intentions. This includes detailed file notes, which can become crucial evidence if your will is ever challenged. Without that structure, particularly in DIY wills, it becomes much harder to defend your decisions later on.
One of the most powerful ways to reduce the risk of a claim succeeding is to document your reasoning. If you’re excluding someone, leaving unequal amounts, or making decisions that could be seen as unusual to the people who know you best, it’s vital to explain why.
This can be done through detailed file notes (taken during the will-writing process), a written statement/letter of wishes, or by recording your own words and reasoning. For example, you should document:
The more context you provide, the easier it is to defend your decisions if they are ever questioned.
This is one of the simplest steps, and often the most overlooked. Many disputes arise because people are surprised by what they read in a will. Where appropriate, having a conversation with your family about your intentions can help to reduce misunderstandings and manage expectations, preventing shock after your death.
We appreciate that these conversations aren’t always easy, and in some cases, they may not be appropriate. Where they are possible, they can significantly reduce the likelihood of disputes.
A no contest clause (sometimes called a forfeiture clause) is another tool that can help discourage challenges. It states that if a beneficiary challenges the will, they risk losing what has been left to them.
This can act as a deterrent, but it’s not a one-size-fits-all solution. For it to be effective, the gift must be meaningful, and the beneficiary must feel they have something to lose. If someone is left a very small amount, the clause is unlikely to have any real impact. If they stand to inherit a substantial sum, it may make them think twice before bringing a claim.
We’ve touched on this in prior articles, but it’s worth reinforcing again. DIY wills carry a much higher risk of dispute, particularly where:
Without professional input, it’s easy to miss key legal considerations, make technical errors, and leave gaps in your planning. Crucially, there is no supporting evidence to explain your decisions. If your will is challenged, that lack of structure can make it far more vulnerable.
“Fair” doesn’t always mean “equal”, and it’s important to consider how your decisions may be perceived. Situations such as leaving significantly different amounts to children, or excluding someone entirely, are likely to raise questions.
That doesn’t mean you shouldn’t make those decisions, because you absolutely can. However, they should be thought through carefully, and properly documented and explained. In some cases, leaving a smaller gift rather than excluding someone entirely can reduce the risk of a dispute, particularly when combined with a no contest clause.
Timing can also play a role. Wills made later in life, during illness, or shortly before death are more likely to be scrutinised.
Planning and putting your will in place early, as well as reviewing it regularly, can reduce the likelihood of concerns around capacity or external influence.
While you unfortunately can’t stop someone from making a claim entirely, you can take steps to reduce those chances. This includes:
Making your will legally robust
Clearly explaining your decisions
Reducing the emotional triggers that lead to disputes
In our experience, it’s rarely one single step that makes the difference. It’s the combination of all of them.
At Heritage Estate Planning, we always focus on one key objective – to make sure your wishes stand up when it matters most. If a dispute does arise, we work alongside our trusted contentious probate partners to ensure the right expertise is in place from the outset.
If you’re concerned about someone making a claim on your will, the best time to act is now. With the right planning, you can take control of some risks and, in doing so, feel more confident and at peace. Get in touch with our expert team today if you’d like to learn more about our will writing services.
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