When it comes to planning for the future, creating a well-drafted will is one of the most important steps you can take to protect your loved ones and ensure your wishes are respected.  When a will is not drafted properly it can lead to costly mistakes, disputes, and unintended consequences.

Why drafting your will properly matters

A properly drafted will establishes clear guidance for the distribution of your assets, the care of children, and any other important final wishes. This can spare your loved ones unnecessary confusion and conflict during what is often an already difficult time. It also ensures that your estate is handled according to your intentions. Without a valid will, your estate may be divided under intestacy rules, which can lead to outcomes you did not foresee or desire.

What are the rules of intestacy?

The rules of intestacy determine how a person’s estate is distributed if they die without a valid will. In England and Wales, these rules prioritize close family members, starting with the surviving spouse or civil partner, who may inherit the majority or entirety of the estate depending on whether there are children. If there are children, the spouse typically receives a portion of the estate, with the remainder divided among the children. Unmarried partners, stepchildren, and friends are not entitled to inherit under these rules, which can lead to unintended outcomes. If no close relatives are found, the estate may pass to the Crown. These rules highlight the importance of drafting a will to ensure your wishes are respected.

What is needed for a valid will?

To ensure a will is valid, it must include specific elements and adhere to legal requirements. Firstly, the will must clearly outline how your estate will be distributed, including the naming of beneficiaries and guardians (if applicable), as well as details about any trusts or specific gifts. It must also name executors who will be responsible for carrying out your wishes. To be legally valid in England and Wales, the will must be written, signed by you, and witnessed by two independent adults who are not beneficiaries or close relatives. You must have the mental capacity to understand the nature and consequences of the will, and it must be made voluntarily, without undue influence. Regular updates are essential to keep the will aligned with life changes and legal developments.

The pitfalls of a poorly drafted will

If your will is not carefully and correctly drafted, several pitfalls may arise:

1. Ambiguities and misinterpretations
   Ambiguous language in a will can lead to disputes among beneficiaries. Misinterpretations may result in legal challenges, delays in probate, and resources being drained in court proceedings.
2. Heightened risk of a contested will
   A poorly drafted will increases the likelihood of it being contested. Beneficiaries—or even those excluded from the will—may argue that the document does not reflect your true intentions. Claims of undue influence, lack of capacity, or errors in execution are common grounds for contesting a will. Even if the challenge is unsuccessful, it can result in significant stress, delays, and financial costs.
3. Exclusion of assets or beneficiaries
   If a will does not account for all assets or beneficiaries, it may lead to feelings of exclusion or unfairness, which could also trigger legal challenges.
4. Invalidity due to legal errors
   Each jurisdiction has specific requirements for a will to be considered legally valid. Errors, such as improper witnessing or signing, can render the will invalid and leave your estate to be governed by intestacy laws.
5. Tax implications
   A poorly planned will may overlook estate taxes and financial implications, reducing the value of your estate for your beneficiaries.

How can we help?

At Cheyney Goulding we have extensive experience in advising individuals on wills, trusts and life planning. If you would like to discuss your options, please don’t hesitate to get in touch.

Contact:  Edward Pennington on 01483 796007 epennington@cheyneygoulding.co.uk or Nikki Perryman on 01483 796005 nperryman@cheyneygoulding.co.uk

This article is for general information only and does not constitute legal advice.