How to avoid your Last Will and Testament to be contested?
When it comes to creating a Last Will and Testament, it’s natural to worry about the possibility of it being contested. After all, your final wishes should be carried out with dignity and respect, without being entangled in legal disputes. This article outlines key measures that can be taken to safeguard a will from potential challenges.
1. What is Will and Testament?
According to Section 2(1) of the Wills Act 1959 defines Will as the intention and declaration made by a testator that he or she desires to distribute his or her property.
2. What are the legal requirements for a valid will in Sarawak?
A. To ensure your Will is valid in Sarawak, it must be in written form, signed by you (the testator), and witnessed by at least two individuals who are not beneficiaries of the Will.
3. What are the consequences if a will is successfully contested?
If a will is successfully contested, the results can be far from what you intended. The court may declare it invalid or modify its terms, leading to distribution according to intestacy rules, which may not align with your wishes
4. How can it be ensured that the testator is mentally fit when making a will?
A common reason for contesting a will is the claim that the testator did not have the mental capacity to comprehend what they were doing. It’s essential to be of sound mind when making your Will, understanding the value and extent of your assets, and the implications of your decisions.
5. What measures can be taken to prevent claims of undue influence?
A will may be contested if it can be shown that the testator was pressured or influenced by someone to distribute their assets in a particular way. To protect against this, it’s wise to consult with a lawyer privately and consider independent legal advice if there are concerns about influence from those around you. This ensures that your wishes are truly your own.
6. Is it advisable to discuss the contents of a will with family members?
Open communication with family members about the contents of your Will can also be beneficial. It can help manage expectations and reduce the likelihood of disputes after testator’s death.
7. How can a no-contest clause help protect a will from being contested?
A no-contest clause, also known as forfeiture clause, can be included in your Will to discourage contestation.
8. How often should a will be updated to remain valid and reflective of the testator’s wishes?
Regular updates to your Will are recommended to keep it current with major life events like marriage, divorce, the birth of children or the purchase/sale of property. TAKE NOTE that only the last will (latest date) will be the valid will.
9. How can I make sure my will is clear and not open to interpretation?
Use clear and unambiguous language. Avoid vague terms that could be interpreted in multiple ways.
10. Why is it recommended to use a lawyer when drafting a will?
Engaging a lawyer to assist with your Will is highly recommended. They can ensure your Will meets all legal requirements, is well-structured, and clearly expresses your intentions, reducing the risk of contestation due to ambiguities or errors.
In summary, taking the right steps to protect your Will (i.e. to hire a lawyer to prepare a last will for you) not only ensures your assets are executed as you wish but also gives you and your loved one’s peace of mind
If you have any questions or require any additional information, please contact our lawyer that you usually deal with.