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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My dad has a will and is thinking of updating it. He has 3

Customer Question

My dad has a will and is thinking of updating it. He has 3 sons but is afraid that one of the sons will challenge the will following his death because he will be dissatisfied. Can my dad insert a clause in the will to state that if anyone objects to the will then they will be disinherited? Is it possible to do this or is there another way to prevent one son causing havoc when dad is gone?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is your sibling financially reliant on your father at all?
Clare
Customer: replied 2 years ago.
No, my sibling does not rely financially on my father. Also, he does not live with my father.
Expert:  Clare replied 2 years ago.
Hi
In that case your father should ensure that there is a letter from his doctor confirming that he has mental capacity ; and a letter or statement from him setting out why he has made the dispositions he has.
This will mean that any attempt to challenge the Will will be unsuccessful
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
If he does what you suggest, can he insert a clause in the will stating that if anyone challenges the will they will be disinherited? He wants to avoid any problems for the executor (me) of my sibling contesting the will.
Expert:  Clare replied 2 years ago.
Hi
He could but perversely this could make it easier to challenge rather than more difficult!
Clare