Can the sons from my late husbands first marriage contest my will when I have gone they had no contact with their father but have made suggestions they should be classed as part of any future inheiritance do I need to make it clear they are not entitled ?
This question is very similar to Q1 and Q26 and my response to this would be the same in that, In England, Wales and Northern Ireland, you have the freedom in your Will to leave your estate to any individuals or organisations that you wish. You do not have to include siblings or any family members at all. This is known as testamentary freedom.
In Scotland, there is an exception to this freedom, known as Legal Rights. This gives a spouse/civil partner and the children of the deceased the right to claim a proportion of the moveable (non-property) assets of the estate. This is a form of ‘forced heirship’, meaning it is an automatic right that cannot be argued against – once claimed, it must be settled. Legal Rights do not apply to siblings.
However, in the whole of the UK, it is possible for a Will to be contested by interested parties or for a claim to be made against the estate after death. It could be that someone tries to challenge the validity of the Will in some way, for example, by saying the person did not have capacity to make it, made the Will under undue influence or that it was not executed properly. Or certain individuals may claim they were financially dependent on the deceased. While it is not possible to completely eliminate the chance of a successful challenge/claim, you can reduce the likelihood by seeking independent legal advice when drafting your Will, so that there is further evidence of your wishes and reasons for not including certain people.