Will contests — English style

The following material is based on Rosanna Spero, How to make sure your will is not contested, Telegraph.co.uk, Sept. 17, 2008:

• The number of will and trust contests in the United Kingdom have tripled in the past few years.
• The increase is due to many factors including people leaving more wealth so contestants have more to gain and the increasing divorce rate leading to complex family situations.
• In England and Wales, a will can be contested by a person who was financially dependent on the testator.
• In Scotland, spouses (including civil partners) and children are entitled to a forced share regardless of what the testator’s will provides.
• English law permits an “Inheritance Act Statement or Declaration” in which the testator explains the reason for his/her property disposition.  Although not legally binding on the court, it does provide evidence of the testator’s intent.

Special thanks to Trina Montalban (attorney, Kell, Alterman & Runstein, L.L.P., Portland, Oregon) for bringing this article to my attention.