Why a letter of wishes may be a useful addition to your will

When it comes to making a will, there maybe many reasons why we make the decisions we do, and these decisions should most certainly be yours. However, there are situations where a person may contest a will, stating their claim against your estate.
There is no cast iron way of preventing someone from making a claim, however a letter of wishes accompanying your will may be of some assistance to your executors in the future.
If a person makes a claim against your estate that is taken to court, a court may assess your wishes at the time of making your will with reference to a letter of wishes. This can be used, for instance, to explain why someone has not been included in your will or why someone is to have a smaller proportion of your estate compared to another. It may also be useful if any such claim were to settle before the need for a court hearing, as there is less second guessing your decisions, as the reasons for them are in black and white.
The letter may only have a limited affect, as ultimately the court would have the discretion to make any such decision in respect of your estate following a claim, however it gives them a starting point, if nothing else, as to your reason and rationale.
Discuss whether a letter of wishes is necessary with one of our solicitors who can help you through the process of making a will.


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