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Having A Cover Letter

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kanwal3017 | 17:07 Wed 08th Nov 2023 | Family & Relationships
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Does having a cover letter with a will explaining your reasons for your decisions protect the will from being challenged 



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It may well help if it signed if witnessed by a solicitor.

im not sure CL ... if there is a valid reason for contesting, a letter wouldnt help - the reason would remain valid

The Court may take it into account, but mainly the Court sees such letters a self-serving.  It certainly will NOT protect the Will from challenge - indeed nothing can do that.

If I wrote in my Will that anyone who had been left a bequest in my Will, challenged my Will – then that bequest would be forfeit (and returned to the residue of my estate); would that condition be upheld in a court of law?

I included one with my Will on the advice of my solicitor who implied it would prevent the Will being challenged.

You can try that, this is what is known as an In Terrorem clause.  Courts do not like them though and they have to be well drafted in order to be of use.  It still does not prevent a challenge - although such a clause may help defeat a challenge.

No.  I was uneasy about Mr. J2's Will being challenged by his daughter.  She hates me by the way.

She is a wealthy woman with a 3-bed house and good garden in a good area of  N.London - no family.  OH decided that she didn't need any of his small inheritance (including his share of our house) and that his son - rents the property to run a caravan and campsite in Devon & is divorced - might need a lump sum to buy himself a place to live in his old age; so he's left it all to him.

I  made a point of leaving OH alone with theWill-maker for 10 mins. so that he can  witness that OH could have altered his Will if he wished. 

This is a safeguard.  We were told that lettersof wishes do not carry much weight.  Hope this helps.


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