If you expected to receive an inheritance upon the death of family member, but their Will does not make any provision for you, you may wish to consider whether there are grounds to challenge the Will.
To help make life a little easier, we have put together a choice of Dispute Resolution advice options:
Talk to Banner Jones. We are ready to help you.
If you expected to receive an inheritance upon the death of family member, but their Will does not make any provision for you, you may wish to consider whether there are grounds to challenge the Will. Similarly, if you are an Executor or beneficiary whose inheritance is in jeopardy because of this type of challenge, you may need assistance in defending the claim.
Will disputes have become more prolific in recent years, partly due to the increase in complex family arrangements and the increase in property values.
There are broadly speaking two types of claim that may arise:
This section deals with the first of these two basis of challenge. For information regarding claims under the Inheritance (Provision for Family and Dependents) Act 1975, click here.
There are several grounds upon which the validity of a Will can be challenged. These grounds are as follows:
If a validity challenge is successful, the Deceased’s previous Will takes effect or, in the event that there was no prior Will, the intestacy rules will apply.
Our Dispute Resolution team have extensive experience in both pursuing and defending all types of validity challenge and regularly act for both Claimants and Estates in the High Court. We will aim to identify your goals and the most effective ways of achieving your aims at the outset of your case. We will try to resolve your case without the need for court proceedings wherever possible and we are skilled in all forms of Alternative Dispute Resolution (including mediation).
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...
Mrs C, ChesterfieldThe service I received couldn't have been better!
Talk to Banner Jones. We are ready to help you.
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.
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.
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.
There are several possible outcomes such as the Executor/Administrator agreeing to stand down or be replaced, the Executor/Administrator undertaking to carry out their function going forward and even the removal or replacement of the Executor/Administrator. No two situations are the same and therefore consideration must always be given to the most favourable outcome given the specific facts of the matter.
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.
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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...
Mr & Mrs B, SheffieldWills writing
Jenna was fantastic, I will definitley recommend to family and friends. I will not hesitate to use your services again.
Mr & Mrs S, ChesterfieldWe wish to thank Banner Jones for incredible assistance in guiding us and explaining the process of our Wills and LPA'S.
Mrs F, Old WhittingtonI am a 93 year old lady, and I was treated as if I was family. Caring and helpful in explaining everything to my dull brain. Thank you.
Mr G, ChesterfieldFrom the minute you walk into reception you are put at ease, and this continues right through the chain. Would recommend them any time.
Mrs S, ChesterfieldI can’t thank Banner Jones enough for the kindness and patience, and would highly recommend this firm.
Mrs H, AshgateWill Writing
Excellent company. Highly satisfied.
Mrs L, New TuptonProbate 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.
Mr & Mrs G, Old TuptonWe 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 H, HaslandWill Writing
Excellent customer service. Prompt and efficient. I found Jenna to be kind and considerate during our meetings.
Mrs T, Sutton In AshfieldThe young lady was so friendly and helpful, and made me feel comfortable – which is a rare thing these days
