Wealden Times | WT167 | January 2016 | Health & Beauty supplement inside

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Wills are pointless -
aren’t they?
There have been several high profile cases
recently about children challenging their
parents’ Wills, either because they were left
nothing or left less than a sibling. Parents have
been left wondering whether there is any point
in making a Will, whilst children may have been
encouraged to believe it is now a simple matter
to overturn whatever provision a parent may, or
may not, leave for them in a Will. Myles McIntosh,
head of law firm Cripps’ private client division
and expert in the field, explains the facts.
When can a Will be disputed?
A Will can be disputed on the grounds it is invalid, or
because the person disputing it has not been left any,
or sufficient, provision under the terms of the Will.
When might a Will be invalid?
A Will could be invalid because it has not been signed
in accordance with the relevant rules. Put simply, the
person making the Will (‘the testator’) must sign it in
the presence of two witnesses, who are both present
at the same time and who must also then sign the Will.
So, why make a Will?
Whilst people (including children) can bring
claims, it does not follow that those claims will
succeed. Each claim must be considered on its
own merits. The personal circumstances (including
financial) of the person bringing the claim will
inevitably be relevant. What this means is that the
vast majority of wills made are perfectly sound and
incapable of being challenged by anyone else.
Therefore there are still plenty of reasons for making
your own Will. It is very likely to be the only way
you can ensure your savings and possessions go to
those you want. It can help avoid family disputes.
It can save substantial Inheritance Tax and can
protect your assets for future generations.
If you have any concerns and would
like an informal chat call Myles
T - 01892 506136
E - myles.mcintosh@cripps.co.uk
A Will might also be invalid if the testator did not
have the required mental capacity to make the Will,
or for example was pressurised into making the
Will leaving them something by somebody else.
Who can dispute a Will?
If a person thinks they should have been left a share
(or all) of someone’s estate they can make a claim if
they qualify as an eligible claimant. This includes
someone who was a spouse or child of the testator,
or may have lived with them for at least two years
prior to his or her death, or even was being provided
for by the deceased immediately prior to death.
In some cases the testator might have made promises
to somebody else prior to their death that they
would be left something in the Will and that turns
out not to be true. The person to whom the promise
was made might be able to claim if they had acted
to their detriment because of the promise.
Another situation is where the deceased has made
changes to their Will as a result of statements
made by an individual which turn out to be
untrue. The person who loses out as a result of the
change made to the Will in those circumstances
might be able to challenge the Will.
Cripps is a key regional law firm serving clients nationally and internationally
from offices in Kent and London. Recognised countrywide for both its
commercial and private client work and Legal Team of the Year (Midsize)
in the 2014/15 STEP Private Client Awards, the firm focuses on wealthier
families, entrepreneurial businesses and the real estate sector.
www.cripps.co.uk @crippslaw 89 This article gives examples and is intended www.wealdentimes.co.uk
for general guidance only