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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

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

Professional Negligence
Claims Against Executors / Administrators
Estoppel Claims
Contesting a Will
Contested Court of Protection / Dispute Powers of Attorney
Will Trust Disputes
Inheritance Act Claims
Executor Disputes

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.

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.

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

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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