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As much as it may hurt to hear, sometimes there are family members who, for one reason or another, have been excluded from your will.
So, with consideration to the Inheritance (Provision for Family and Dependants) Act 1975, how do we protect a testator’s wishes when excluding someone who might try to make a claim under this act?
Simple as it may seem, a Letter of Wishes, which is completely factual in terms of outlining clearly why an individual is being excluded will go a long way when it comes to protecting the estate from such a claim. This isn’t to say any claim is automatically rejected, nor that it will fail; but this letter is likely to diminish the success of any such claim.
However, a Letter of Wishes is, in itself, not enough. This is because the reason that the testator has for making an exclusion should be based on sound reasoning and not one where their emotions are the only reason for the exclusion. The reason ought to be as factual as can be; though this isn’t to say the letter must be devoid of emotion, only that there should be a balance that the logical reasoning has been communicated with regard to how the testator feels about the situation.
While this letter is not a concrete protection against the estate, it will go a long way in making the 1975 Act far less effective.
Finding the Right Will Writer
If you want to make sure that your Letter of Wishes is formulated correctly to avoid any future claims, you should appoint a professional will writing company like Swansea Legal Solutions. They will ensure that your letter meets all of the relevant standards and requirements and that the content is as factual as possible.
It’s a good idea to appoint a company which is a member of Society of Will Writers as they will have the training and back up support to give you the peace of mind that your Letter of Wishes is as ‘tight’ as it can be.
Swansea Legal Solutions
Call the specialist team at Swansea Legal Solutions today for help and advice in getting your will and Letter of Wishes formulated to protect you and your chosen beneficiaries. We are a member of the Society of Will Writers and have extensive experience in these matters which we have been delivering for a number of years. Call us today on 01792 420844 to find out more and to book your first appointment.
