Google Adwords 0808 278 1398 Bing Ads 0808 274 4482

I’m making a will leaving everything to my new, much younger partner — can I stop my grown-up children challenging it after I die?

Your children can’t contest your will just because they think it’s unfair.

They (and other family members, and anyone financially dependent on you) could claim in court that your will does not make ‘reasonable financial provision’ for them. If they succeed, the court can effectively rewrite your will so that they do get reasonable provision.

However, it is extremely unusual for adult, independent children to succeed in a claim for reasonable financial provision. A side letter explaining why you are leaving everything to your partner — for example, because your children are grown-up and financially independent — should significantly reduce the risk.

If you are elderly, your children might try to show you didn’t have mental capacity when you made your will — you did not understand what you were doing. If there is any risk of this you may want to get a certificate from your doctor confirming that you are mentally competent when you make your will.

You can discourage your children from challenging your will by leaving them something in the will — but at the same time including a clause saying that anyone who challenges it will be disinherited.

You may want to discuss your intentions with your children to help them understand what you are doing and your reasons. If you feel they are likely to challenge your will, you should let your solicitor know.

Related FAQs

Expert legal advice you can rely on,
get in touch today

Please let us know you are not a robot

Your local legal experts

Why QualitySolicitors?

With QualitySolicitors your first initial assessment is free, so you can call us without worrying about being charged for a call you might not have actually needed to make. And because we place our clients are at the heart of everything we do, we make these five customer service promises to make sure you'll feel properly looked after.

This is why, in the first instance, most people looking for legal help in relation to a 'Home And Property' call QualitySolicitors for a Free Initial Assessment over the phone before requesting our Ask the Legal Expert service; which is an introductory 45-minute face-to-face consultation for £99.