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Wills, Trusts & Estate Disputes

Unfortunately, disputes can arise in relation to the Wills or Estates of individuals in a variety of ways and very often these type of cases involve disputes between family members.

In these cases we will always give careful consideration to the family relationships as opposed to the  purely commercial considerations. We will always seek where possible to resolve your case by negotiation or mediation, therefore avoiding the need for expensive litigation. 

The Wills & Inheritance Dispute teams in Chesterfield, Sheffield and Mansfield are very experienced in dealing with contested Wills and claims under the Inheritance (Provision of Family and Dependants) Act 1975, for both claimant and defendant.  These type of claims arise where a person feels that a reasonable financial provision has not been made for them in the Will or intestacy of the deceased.  The 1975 Act allows certain categories of claimant to seek a reasonable financial provision from the estate.

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

Types of Disputes

We can assist you in challenging a Will or defending a challenge to a Will.  Examples of the types of disputes that we can assist with include:

  • challenges on the grounds of testamentary capacity
  • undue influence
  • improper execution of Wills
  • professional negligence arising out of the preparation of Wills

Our Dispute Resolution teams in Chesterfield, 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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Frequently Asked 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 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 demonstrated that the financial provision made for them is inadequate.

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 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 disputes do not reach a final court hearing.

97% of our clients would recommend us to a friend
(Ongoing Client Survey)

The receptionist staff on both days we visited your office were extremely friendly and the whole experience of dealing with Banner Jones was wonderful

T Howard

Thank you again for your help..If anyone requires a solicitor at any time..I will recommend yourselves..for quick and friendly service

Miss N, Chesterfield

Excellent, speedy, friendly service. Assisted with all my queries and very helpful regarding issues caused by the bank holding the money.

Mrs S, Chesterfield

Great service. Banner Jones' approach to the making of our Wills was both simple and straight forward.

Mr & Mrs C, Sheffield

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

Mrs S, Chesterfield

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Talk to our friendly team today on: 0330 017 6309

Rob  Stubbs
Rob Stubbs
Head of Dispute Resolution
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