Wealden Times | WT217 | March 2020 | Good Living supplement inside

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Common questions on disputing a Will
Challenging a Will can
be complex, and, at an
already difficult time, it is
a topic around which there
is a lot of confusion. Expert
Philip Youdan, from law
firm Cripps Pemberton
Greenish, answers some
common questions
about Will disputes.
Who can contest a Will?
Normally a person who wants
to challenge a Will would be
somebody who stands to benefit
from the deceased’s estate if
they succeed in their claim. They
might, for instance, benefit under
a previous Will which would
then come back into existence.
Alternatively, they might benefit
under the rules which apply when
somebody dies without a Will.
When is a Will invalid?
A Will is invalid if it has not been
executed in accordance with the
formal legal requirements.
In particular, the person making
the Will (the testator) must
sign it in the presence of two
witnesses, who must also sign it.
A Will is also not valid if the
testator did not have the required
mental capacity to make the
Will. As people are living longer
and making Wills later in life,
assessing their capacity to make
a Will is increasingly important.
If it can be shown that a Will was
made in circumstances where the
testator did not have knowledge
of the contents of the will, or was
pressurised into making the Will
by somebody else, this can also
be grounds to overturn it. This
stands to reason – if someone
has exerted pressure to secure
a benefit from a Will it is not
right that a Will made in those
circumstances should be permitted.
Are there any other grounds
for contesting a Will?
Claims can be made seeking to
benefit from an estate without
challenging the Will itself.
Under the Inheritance (Provision
for Family and Dependants) Act
1975, ‘eligible claimants’ can
bring a claim seeking a share or
an increased share of an estate
if they have not been properly
provided for. Eligible claimants
include spouses and civil partners,
or children of the deceased, those
who lived with the deceased for at
least two years prior to his or her
death and persons being provided
for by the deceased immediately
prior to the deceased’s death.
Another situation where a claim
may be made is in cases where
the deceased made promises to
somebody that they would be left
something in the deceased’s will
and that turns out not to be true.
The person to whom the promise
was made might be able to bring
a claim if they had acted to their
detriment because of the promise.
What do I do if I think I
can make a claim?
Act promptly. There are time limits
and delaying can materially affect
the prospect of succeeding with
a claim. Legal advice should be
sought at the outset to investigate
the merits of a claim, which will
normally involve obtaining relevant
documents and evidence. The
purpose of early advice should be
to establish the merits of a claim
and your options for pursuing
this to a successful conclusion
by agreement or at Court.
Philip Youdan
Partner
If you would like more information
on challenging a Will, please contact
Philip Youdan on 01892 489 588 or at
philip.youdan@crippspg.co.uk.
www.crippspg.co.uk @crippslaw This article gives examples and is intended for general guidance only