Drafting Wills to Minimise Contentious Probate Claims

Introduction

With contentious probate claims at an all-time high and claims under the Inheritance (Provision for Family & Dependants) Act 1975 expected to increase, the risk of a post-death challenge is one that private client solicitors cannot afford to overlook.

A carefully drafted will can play a crucial role in reducing the likelihood of a claim against an estate. But what should you consider when taking instructions and what practical steps can you take during the planning and drafting process to protect your client’s wishes?

This short, practical webinar will explore the key considerations when drafting a will with potential future claims in mind. It will look at the warning signs to identify, the steps that can be taken to strengthen the estate planning process and practical strategies for mitigating the risk of claims after your client’s death.

Whether you are drafting a straightforward will or dealing with a potentially contentious family situation, this webinar will provide practical guidance to help you identify and address risks before they become disputes.

What You Will Learn

The webinar will cover the following:

• How the rise in contentious probate claims affects will-drafting professionals and the risks to consider when taking instructions
• Practical ways to minimise the risk of litigation when drafting a will that excludes potential beneficiaries, including the use of ‘no-contest’ clauses and effective expressions of wishes
• Lifetime planning strategies to reduce the risk of post-death claims, including steps clients can take during their lifetime to strengthen their position
• Lessons from recent case law, including Ginger v Mickleburgh and what could have been done at the will-drafting or planning stage to prevent litigation or, at the very least, reduce potential criticism