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The Legal 500

Wills, Trusts & Estate Disputes

At Banner Jones, our expert team of trust dispute solicitors understand that disagreements over wills, estates and trusts can be highly emotional and complex.

Wills, Trusts & Estate Disputes in Chesterfield, Sheffield, Dronfield and Mansfield

Talk to Banner Jones. We are ready to help you.

How We Handle Will and Trust Disputes?

Disputes about Wills and Trusts can arise for many reasons. In every case, we take care to consider both the legal and personal aspects involved, particularly where family relationships are at stake. Our will dispute solicitors always aim to resolve matters through negotiation or mediation as a practical alternative to court proceedings whenever possible.

The Wills and Inheritance Dispute teams in Chesterfield, Sheffield and Mansfield are highly experienced in handling trust disputes, will and probate disputes and claims under the Inheritance (Provision of Family and Dependants) Act 1975, acting for both claimants and defendants. These claims arise where a person feels that a reasonable financial provision has not been made for them in the Will or under intestacy of the deceased. The 1975 Act allows certain categories of claimants to seek a reasonable financial provision from the estate.

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Who Can Make a Claim?

The following people are entitled to make a claim under the UK Act:

  • A spouse or civil partner of the deceased
  • A divorced spouse or a separated civil partner of the deceased, given that they have not remarried or entered into a new civil partnership
  • Any person who lived with the deceased for a minimum of two years prior to their death
  • A child of the deceased (including children over the age of 18)
  • Anyone who was treated as their child by the deceased person, including adopted children, fostered children, step children and so on
  • Anyone being cared for by the deceased person prior to their death

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Review Your Will

To avoid this happening to your family, make sure your Will is up to date and provides for everyone you want it to. 

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Review Your Will

Types of Disputes

Our trust dispute solicitors assist clients with a wide range of matters, from will and trust disputes to executor and estate disagreements. Common examples include:

Challenges on the grounds of testamentary capacity

Questioning whether the person making the will had the mental capacity to do so.

Undue influence

Where someone may have been pressured into changing or making a will.

Improper execution of Wills

Where the legal signing or witnessing process was not correctly followed.

Professional negligence

Where errors in will preparation lead to financial or personal loss.

Disputes involving executors or trustees

Including situations where executors fail to administer the estate properly or breach their duties.

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Examples of Trust Disputes Include:

  • A beneficiary believing that a trustee has mismanaged funds held in trust.
  • Family members arguing over an estate when no valid will exists.
  • Claims that one party was promised an inheritance which was later excluded from the will.
  • Executors refusing to provide information or distribute assets fairly.

Our Dispute Resolution teams in Chesterfield, Dronfield, Sheffield and Mansfield are also experienced in dealing with disputes concerning breach of duty by executors, trustees and attorneys. We offer an initial fixed-fee appointment followed up with a detailed advice letter, to assist you in establishing the merits of your case and to provide you with a suggested course of action.

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Why Choose Banner Jones?

Choosing the right legal team can make all the difference in resolving trust disputes efficiently, sensitively and in the most cost-effective way to the estate. At Banner Jones, we offer:

  • Proven Expertise: We have decades of experience acting as leading trust disputes solicitors in the region.
  • Local Accessibility: At Banner Jones, we have offices in Chesterfield, Dronfield, Sheffield and Mansfield. We also offer home visits where required.
  • Clear, upfront costs: We offer fixed-fee initial consultations for peace of mind, followed by transparent cost breakdowns so there are no surprises later on.
  • Compassionate and practical advice: Our Will dispute solicitors focus on fair outcomes to avoid unnecessary conflict.

Contact our Trust Disputes Solicitors

From the minute you walk into reception you are put at ease, and this continues right through the chain. Would recommend them any time.

Mr G, Chesterfield

Talk to Banner Jones. We are ready to help you.

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Frequently Asked Wills, Trusts & Estate Disputes Questions

Is it possible to challenge a Will?

Yes.  There are a number of circumstances in which it is possible to challenge the validity of a Will.   These include a lack of capacity or knowledge or approval of the testator, undue influence or fraud.  Should you have any concerns regarding the validity of a Will, you should obtain legal advice from experienced will dispute solicitors such as Banner Jones as a matter of urgency.

What if I have been left out of a Will or am unhappy with the amount that has been left to me?

Under the Inheritance (Provision for Family & Dependants) Act 1975, it is possible for certain individuals to pursue a claim if they can demonstrate that the financial provision made for them is inadequate or unreasonable. If you are considering disputing a Will, our team of trust dispute solicitors can advise you on your options.

What is a Caveat and how does it work?

A caveat is a legal document issued by the Probate Registry that prevents a grant of probate being issued.  The caveat will remain in place for a period of 6 months (unless voluntarily removed by the person entering it or by an order of the Court.  A caveat can be renewed after 6 months. Caveats should not be obtained lightly or without justifiable reason as the Court can impose financial sanctions where it considers that a caveat has been improperly obtained. It is therefore advisable to obtain specialist legal advice from estate dispute solicitors before seeking to lodge a caveat.

Would I have to attend a court hearing if I pursue a claim?

Not necessarily.  Our objective in any dispute is to seek to a successful resolution as quickly and cost-effectively as possible.  This can include seeking to negotiate informally, attending a mediation and other methods of alternative dispute resolution.  The vast majority of will and trust disputes do not reach a final court hearing.

Under what circumstances can I challenge the validity of a Will?

It is possible to challenge a Will If you believe it was not made correctly or fairly. Common grounds include lack of testamentary capacity, undue influence, or fraud. If you are disputing a Will UK, it is important to seek early advice from will dispute lawyers to protect both your position and the estate.

What does “lack of testamentary capacity” mean?

Lack of testamentary capacity refers to situations where the person creating the will may not have understood the nature of the document, their assets, or the implications of their decisions due to illness or diminished mental capacity.

What is “undue influence”, and how does it affect a Will?

Undue influence happens when a person is either pressured or coerced into changing or making a Will. If prove, the Will may be declared invalid.

How long do I have to contest a Will or make a claim against an estate?

Most claims under the 1975 Act must be made within 6 months from the date probate was granted. Contact our Will dispute solicitors as soon as possible to ensure you avoid missing key deadlines.

What happens if an Executor is not performing their duties correctly?

Where an Executor is not performing their duties, are mismanaging the estate or are failing to act in the best interests of the estate or beneficiaries our estate dispute solicitors can help apply to the court to remove them or replace them.

Wills, Trusts & Estate Disputes Resources

Mis-Sold Property Trust Case Study: How Our Legal Team Reclaimed a Family Home

Mis-Sold Property Trust Case Study: How Our Legal Team Reclaimed a Family Home

A couple lost control of their home due to a mis-sold property trust. Learn how our dispute resolution solicitors in Chesterfield and Sheffield successfully reversed the arrangement through the High Court.

DIY Will Disaster: How Poor Drafting Led to Probate Problems

DIY Will Disaster: How Poor Drafting Led to Probate Problems

A poorly drafted DIY Will led to probate delays and legal uncertainty. Learn how our Probate solicitors in Sheffield helped the family navigate the fallout and protect their rights.

Why Using a Professional Will Solicitor in Sheffield Matters More Than Ever

Why Using a Professional Will Solicitor in Sheffield Matters More Than Ever

If you haven’t made a will yet—or if you’ve used a DIY service—it’s time to think again. With more people than ever challenging wills in court, having your will written by a professional will solicitor in Sheffield is no longer just a good idea—it’s essential.

Court fee increase

Court fee increase

The Ministry of Justice (MOJ) has announced that from 8th April 2025, 171 court and tribunal fees will increase.

Son successfully contests late mother's £700,000 will after evidence revealed his sister “helped” her sign it

Son successfully contests late mother's £700,000 will after evidence revealed his sister “helped” her sign it

In a recent legal case, a son successfully contested his late mother's £700,000 will after evidence revealed that his sister had physically manipulated their ailing mother's hand to sign the document.

How to Make a Will

How to Make a Will

Making a Will is commonly associated as something you do in later life however, in reality anyone over the age of 18 can have a Will and we would strongly recommend it to anyone with children.

Challenging a Will

Challenging a Will

We know that challenging a will can be a really stressful and emotional time so in this video our Head of Dispute Resolution, Rob Stubbs, covers the options available to you. This includes how you can challenge the validity of a will and your options under the Inheritance (Provision for Family and Dependents) Act.

What is Contentious Probate, and how does it affect me?

What is Contentious Probate, and how does it affect me?

Discover what contentious probate means and how disputes over Wills and estates are resolved. Speak to our expert contentious probate solicitors at Banner Jones for clear advice and practical solutions. 

Types Of Wills Explained

Types Of Wills Explained

Kathryn Wheeldon discuses the different types of Wills that are available, and how to decide which one to choose.

Trust Registration Service

Trust Registration Service

If you are a Trustee, you need to be aware that new rules came into force in October 2020 extending the requirement to register Trusts with the Trust Registration Service (TRS).

Judge rules to uphold deathbed Will

Judge rules to uphold deathbed Will

The England & Wales High Court has upheld a Will executed on his deathbed by a man who left everything to his long-term partner. Lee Foster, Director and Will Dispute specialist said, “The law provides individuals with wide discretion on how their estate should be distributed on their death; although there are specific circumstances under which this discretion can be challenged”.

Will the new video witnessing laws cause a rise in future Will disputes?

Will the new video witnessing laws cause a rise in future Will disputes?

Lee Foster, Dispute Resolution Solicitor and ACTAPS member considers this.

Wills - The importance of getting it right

Wills - The importance of getting it right

The Coronavirus has affected everyone in many different ways, but one thing is for sure, it has provided a reminder to many of us about the importance of having our personal affairs in order. For most people this process starts by writing a Will.

Daughter loses High Court battle over mother’s estate after judge rules Will was forged

Daughter loses High Court battle over mother’s estate after judge rules Will was forged

A Nottinghamshire man who took his sister to court over claims she faked her mother’s Will in a bid to unlawfully claim almost half of her estate has today spoken of his relief after the High Court ruled that the document was a forgery.

Why Should I Use A Solicitor To Make A Will?

Why Should I Use A Solicitor To Make A Will?

There are lots of quick and cheap ways to write a will, so why do people use legal professionals? Open the infographic to find out why...

Online Privacy in the Office

Online Privacy in the Office

Companies are within their rights to monitor the private online activities of their employees when they are in the office.

Birth Injury- The patient’s right to information

Birth Injury- The patient’s right to information

A woman recently won damages on behalf of her son for injuries sustained at his birth as a result of the alleged negligence of a consultant obstetrician and gynaecologist.

Divorce Survival Tips

Divorce Survival Tips

We’ve enlisted the help of some local relationship counsellors in Sheffield to provide you with some survival advice to help get you through a divorce.

Wills writing

Jenna was fantastic, I will definitley recommend to family and friends. I will not hesitate to use your services again.

Mr & Mrs B, Sheffield

We wish to thank Banner Jones for incredible assistance in guiding us and explaining the process of our Wills and LPA'S.

Mr & Mrs S, Chesterfield

From the minute you walk into reception you are put at ease, and this continues right through the chain. Would recommend them any time.

Mr G, Chesterfield

I can’t thank Banner Jones enough for the kindness and patience, and would highly recommend this firm.

Mrs S, Chesterfield

Will Writing

Excellent company. Highly satisfied.

Mrs H, Ashgate

Probate Administration

Exceptional service; professional but friendly. Felt at ease and relaxed when given explanation of the matter being dealt with at a very sad time.

Mrs L, New Tupton

We had Wills drawn by a different solicitor’s firm who left us confused and anxious. By contrast, the solicitor was patient, helpful, clear and gave us good advice. Thank you for an excellent service. We recommend Banner Jones highly for Will writing.

Mr & Mrs G, Old Tupton

Will Writing

Excellent customer service. Prompt and efficient. I found Jenna to be kind and considerate during our meetings.

Mr & Mrs H, Hasland

The young lady was so friendly and helpful, and made me feel comfortable – which is a rare thing these days

Mrs T, Sutton In Ashfield

Will Writing

Very helpful and pleasant. She was very professional, and answered all my queries. I would have no hesitation for asking for her assistance if ever I need a solicitor in the future.

Mrs R, New Whittington

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