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Inheritance 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. 

To see whether you can challenge a will, contact our expert Inheritance Dispute solicitors for a confidential, no-obligation chat on 0330 017 6302*.

*calls cost no more than a local 01 number and are included in your mobile minutes.

Banner Jones Reviews

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Who can challenge a will?

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

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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