Making a watertight will is more vital than ever after a landmark ruling last week that could lead to a flood of legal challenges against the wishes of the deceased. Heather Ilott was awarded £164,000 by the Court of Appeal after being left nothing by her mother, Melita Jackson, when she died in 2004, leaving her £500,000 estate to three animal charities. Legal experts fear the ruling will now make it easier for family members to challenge wills.

James Aspden, the solicitor who represented the three charities – the RSPCA, Blue Cross and RSPB – says it is a ‘worrying decision for anyone who values the freedom to choose who will receive their assets when they die’. But Ryan Mowat, a partner at law firm Kingsley Napley, says in the vast majority of cases, if a will is made correctly, the writer’s wishes will not be ignored. He says: ‘If you are going to do anything that could be contentious, such as cutting out a child from a will in favour of a charity, you should make sure you explain the strong links you have with the charity to make it harder for the will to be challenged.’ If family circumstances are complex, ensure a will is drafted by an expert and witnessed and stored correctly. This will make it easier to avoid a legal challenge. Some experts say popular ‘DIY will’ kits, available for £20 from stationers, can leave families very vulnerable to legal challenges.

Austin Gill, head of probate at The Co-operative Legal Services, says eight out of ten DIY wills trigger problems when going through probate – the process of winding up an estate – leading to stress for 40,000 families a year. Gill says: ‘Some people believe they are saving money by drafting a will themselves, but we have seen up to 10 per cent of the value of an estate absorbed by fees due to ineffective DIY wills.’ nCommon issues include couples not realising their will is invalid if they divorce, and correct signing and witnessing of wills. Figures from unbiased – a ‘find a financial adviser’ website – show millions of families do not even have wills. It says more than half of adults have not put down in a will what they wish to happen to their effects should they die. If a will is not made, an estate is subject to intestacy rules. These are complex and can lead to unexpected consequences. If an estate in England or Wales is worth more than £250,000 – including the value of the house – a spouse or civil partner will inherit all the personal belongings of the person who has died, the first £250,000 of the estate, and half the remainder..........Read more here