insideKENT Magazine Issue 24 - March 2014 | Page 149

LAW WHERE THERE’S A WILL… Contesting the Will of a relative or bringing a claim in respect of a trust or an estate can be very complicated and distressing. This month Russell Simpson, Head of the Will, Trust and Estate Disputes Team at Cripps Harries Hall, answers some of the more common questions that clients often ask. Russell Simpson When can a Will be disputed? A Will can be disputed on the grounds that 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 special rules about how this must be done. Put simply, the person making the Will (‘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. A Will might also be invalid if the testator did not have the required mental capacity to make the Will, did not have knowledge of the contents of the Will, or was pressurised into making the Will by somebody else. Who can dispute a Will? Normally a person who wants to prove that a Will is invalid 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 if there was no previous Will. Are there any other claims that can be made when somebody dies? If a person thinks they should have been left a share 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 deceased, lived with the deceased for at least two years prior to his or her death, or wa ́