This weekend I visited the Ashmolean Museum in Oxford and was particularly surprised by one of their exhibits – the ‘Will of Naunakhte’. 

This is an Ancient Egyptian papyrus dating from around 1145 BC and it is, quite simply, a will. What is surprising about the document is that it reads like so many queries that we still get today.

In the will, a lady is providing for her property to be divided between her eight children when she dies. However, she takes the potentially inflammatory decision to leave nothing to three of her children and just split it between the remaining five.

Many who have seen the document will realise just how similar this sounds to a modern-day family fallout. However, what is most interesting from a private client solicitor’s perspective is that Naunakhte makes the very sensible decision in her will to explain why she is disinheriting three of her children – specifically, she says that they have not done enough to look after her.

There can be a temptation when you make a will to think that, because it is legally binding, you do not have to explain your rationale. However, explaining your rationale can be useful to avoid a later challenge against your will. This is particularly so if it is obvious that you are leaving someone out – say if you are leaving nothing to your spouse, or if you have several children or siblings and are leaving to some but not others.

In situations like this, we sometimes include a single line in a will briefly setting out why you are not leaving anything to that person. Alternatively, if you have more detailed reasons, we can assist with preparing a letter accompanying your will. A letter may also be preferable because, if your executors need a grant of probate when you pass away, your will and everything in it becomes a public document – so you may prefer to include personal feelings in a more private letter.

Including your rationale will not absolutely prevent a successful challenge against your will, but it will help avoid a successful challenge by showing that you did consider that person and made a conscious and reasoned decision to leave them out. Having to reason it out in writing can also prevent a spur-of-the-moment decision to disinherit, which you may regret later.

For advice about preparing your will, please feel free to contact our estate planning and wills team.