Can You Really Leave Your Home to Whoever You Want?

For many people, writing a will feels like the final step in getting their affairs in order. It is often seen as a definitive document that clearly sets out who should receive what, leaving little room for uncertainty. In most cases, a properly drafted will does exactly that. However, the assumption that a will is always final and unquestionable is not always correct.

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In reality, there are circumstances where a will can be challenged, particularly if someone believes they have not been adequately provided for. This can come as a surprise to families who assume that everything has been settled simply because a will exists. It is one of the reasons why careful planning and professional advice are so important.

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When a will can be challenged

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Certain individuals may have the right to challenge a will, including spouses, civil partners, children and, in some cases, others who were financially dependent on the person who has passed away. These claims are often based on whether reasonable financial provision has been made. Disputes can also arise due to concerns about undue influence or questions around mental capacity at the time the will was created.

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These situations can be complex and emotionally charged, particularly where family relationships are already strained. Even where a challenge is ultimately unsuccessful, the process itself can be time-consuming and costly. This is why taking steps to minimise risk at the outset is so important.

The risks of informal or outdated wills

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Issues are more likely to arise where a will has been created without professional advice or has not been updated to reflect major life changes. Events such as marriage, divorce, having children or purchasing property can all affect how a will should be structured. Without regular review, a will may no longer reflect your intentions or adequately protect your loved ones.

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It is not uncommon for people to assume that once a will has been written, it does not need to be revisited. In reality, it should be treated as a living document that evolves with your circumstances. Failing to update it can lead to unintended consequences.

Getting it right from the outset

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Working with a solicitor when drafting your will helps ensure that it is legally sound, clearly expressed and less vulnerable to challenge. It also provides an opportunity to consider wider estate planning, including how your assets are structured and passed on. This level of planning can make a significant difference in avoiding disputes and ensuring your wishes are respected.

Planning with confidence

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At Marsons Solicitors, we help individuals and families across South London, Bromley and Kent create wills that provide clarity, certainty and peace of mind. Whether you are making a will for the first time or updating an existing one, our team can guide you through the process with practical, straightforward advice. Taking the time to get this right now can prevent significant issues later.

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Learn more about our wills services here: https://www.marsons.co.uk/services/personal/wills

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