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:
- First, someone who is a disappointed may be able to challenge the validity of the Will.
- Second, even if the Will is valid they may be able to bring a claim if the Will does not make a “reasonable financial provision” for them, which can give rise to a claim under the Inheritance (Provision for Family and Dependents) Act 1975.
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 please follow this link.
There are several grounds upon which the validity of a Will can be challenged. These grounds are as follows:
- The Will may not comply with the necessary formalities;
- There may be mistakes in the Will;
- The person making the Will (the “testator”) may not have had had “testamentary capacity” when the Will was made;
- The testator may not have known or approved of the terms of the Will. In other words, they may have signed the Will but not understood what they were signing.
- The testator may have been subject to undue influence or coercion and did not therefore act under their own free will;
- The Will may be a forgery;
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).
Mr & Mrs B, Sheffield
Jenna was fantastic, I will definitley recommend to family and friends. I will not hesitate to use your services again.
Mr & Mrs S, Chesterfield
We wish to thank Banner Jones for incredible assistance in guiding us and explaining the process of our Wills and LPA'S.
Mrs F, Old Whittington
I 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, 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.
Mrs S, Chesterfield
I can’t thank Banner Jones enough for the kindness and patience, and would highly recommend this firm.
Mrs H, Ashgate
Excellent company. Highly satisfied.
Mrs L, New Tupton
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 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 H, Hasland
Excellent customer service. Prompt and efficient. I found Jenna to be kind and considerate during our meetings.
Mrs T, Sutton In Ashfield
The young lady was so friendly and helpful, and made me feel comfortable – which is a rare thing these days
Mrs R, New Whittington
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 S, Newbold
Being left on my own to make another Will was hard for me, but it was made easier by the staff of Banner Jones. It was dealt with quickly, sympathetically and was able to help Ashgate Hospice.
Mr & Mrs M, Dronfield
Very helpful and friendly. Everything was explained in a way that made it easier to understand.
Mr & Mrs M, Chesterfield
Clear, precise, friendly information on the issues we had. Will use Banner Jones for any future legal advice and issues.
Mr & Mrs H, Mansfield
Very happy with services offered by professional people.
Mrs P, Bolsover
Writing a WIll
I would give you 10/10. Very good.
Mr S, Forest Town
Thank you for helping me prepare my Will. I thought it may be a daunting experience, but I was given great advice by Becky. I think it is also a fantastic idea to donate to the John Eastwood Hospice.
Mr & Mrs J, Glapwell
Writing a Will
Everything was dealt with efficiently.
Mrs R, Mansfield
Thank you for dealing with everything in a professional, pleasant and friendly manner.
Mr & Mrs L, Grindleford
Very friendly experience with clear and uncomplicated explanations, giving us confidence in the professional service.
Mrs C, Shiregreen
A very friendly and helpful service from start to finish.
Ms R, Bolsover
Staff who have helped me at Banner Jones have been professional, courteous, prompt and kind. Special thanks for advice and updates (about safeguarding ideas too), and for my Will.
Mr L, Chesterfield
I found Natalie very courteous, and she has a lovely disposition. She’s very easy to talk to.
Mrs C, Chesterfield
The service I received couldn't have been better!
Mr & Mrs J, Barlow
Your sensitivity on your home visit to deal with Mum’s Will was absolutely brilliant.
Mrs C, Bolsover
Excellent service – friendly staff explained everything to me in ways that I could understand.
Mr S, Brimington Common
My Will was drawn up speedily and expressed my wishes precisely. Miss Fowlston was pleasant, helpful and produced exactly what I wished for.
Mrs B, Morton
All my requests were dealt with efficiently and with respect for my situation, after my recent loss.
Mr & Mrs H, Brockwell
Our experience with Banner Jones was friendly and efficient.
Mrs W, Shuttlewood
Put everything in black and white and Banner Jones “Will” see you right.
Mrs T, Tuxford
A very prompt and helpful group of lawyers. First class service.
Mr & Mrs S, Crookes
Everything in plain English.
Mr C, Mansfield
Very prompt & efficient service provided, meeting a tight schedule.
Mr M, Chesterfield
The service I got was excellent. Staff were really helpful. The solicitor that dealt with my case was really helpful and I thank her. I would recommend this firm to anyone.
Mr W, Chesterfield
Katie was the advisor who dealt with me. I found her to be friendly and very helpful. She explained anything to me that I didn’t understand.
Mrs B, Shirland
Excellent, professional and supportive communication throughout. Thank you very much, Kat.
Chris Breeze Managing Director â€“ DCJ Group Insurance, Chesterfield
My family, and our business, always use Banner Jones Solicitors for a range of legal services. From wills and property purchases to more complex commercial legal matters, I would not hesitate in recommending Chris Sellars and the team at Banner Jones Solicitors.
Throughout my dealings, Chris has shown fantastic communication skills, judgement, perseverance and research knowledge and I cannot praise him and Banner Jones enough.
Mrs H, Mansfield
Your service was very satisfactory and pleasant.
Mrs T, Mansfield
The staff were kind and helpful
Mr & Mrs S, Chesterfield
Banner Jones provided a friendly welcoming professional environment when we visited their offices and the advice and service was first class. We would certainly use Banner Jones for the other services as well and will recommend the company to family and friends.
Mrs W, Mansfield
Very efficient, friendly and professional. We would definitely recommend to friends and family. They made the whole experience problem free.
Mr & Mrs S, Bridlington
We’re really grateful for the work you did for us. 10 out of 10!
Mr C, Dronfield
Very easy to make appointments, very personal service from all people at Banner Jones, my solicitor was very friendly and put me at ease. If I needed a solicitor again, Banner Jones would be the first on my list.
Miss H, Nottinghamshire
Brilliant service, kept well informed all the way through the process. Would definitely recommend.
Mr & Mrs D, Mansfield
Cannot fault the service, efficient, prompt and cautious. Matters explained very well and clearly. Pleasantly surprised.
Mr W, Nottinghamshire
Service provided was excellent. All the staff were very helpful, considerate and professional. I would highly recommend to friends and family.
Mr T, Chesterfield
Banner Jonesprovided me with a very professional and friendly service in difficult, personal circumstances and I cannot reccomend them enough. 10/10.
Mr Mrs C, Dronfield
Excellent, efficient service, Katie was very pleasant and polite. We were made to feel at ease.
Mrs M, Mansfield
Natalie was very professional and friendly. Good listener, very caring. Thank you Natalie.
Mrs P, Chesterfield
Fantastic service from Katie. I was made to feel very comfortable with talking about my affairs, very professional.
Mr P, Derbyshire
All my dealings have been with Sarah who has always been professional, knowledgeable and extremely helpful. I would recommend Banner Jones.
Mrs M, Mansfield
Excellent, professional service.
Mrs F, Chesterfield
Very good and friendly reception staff; excellent professioanl service; good comunication and timely attention to my work undertaken.
Mrs K, Sheffield
Outstanding service. So very helpful, knowledgeable and easy to understand. A pleasant member of your team!
Ms E, Chesterfield
We recieved a promt, helpful and most efficient service. I wouldn't hesitate to ever use Banner Jones Solicitors again.
Amy was excellent - Thank you so much for all your advice.
I would just like to pass on my comments with regards to the first class service we received with the estate of my dear late mother.
We have been dealing with Banner Jones and I would like to say they have been excellent throughout. We have found them to be extremely efficient, helpful, understanding and friendly at this difficult time.
Also very accommodating with appointments as I work full time.
I would also comment she was very patient in dealing with my elderly father who struggles with severe hearing difficulty.
I have no hesitation in using your services again, we will shortly be making appointments to update the will for my father and in due course I will also be updating my own will with Banner Jones as all of our family affairs are with your company.
I will have no hesitation in recommending Banner Jones Solicitors to others, once again, thank you to you all.
Mrs W, Chesterfield
Banner Jones & Kat Wheeldon's help has got me through this last year. Their help and kindness was without doubt invaluable.
Mrs R, Chesterfield
Kathryn Wheeldon has provided me with an excellent service and I would recommend her to all of my friends and family.
Mrs B, Nottingham
Excellent service! Becasue of illnesses, my new will from start to signing took half a day!
Mr B & Mrs M, Chesterfield
Excellent service! Thank you for all fo your help and making everything stress free for me. Will definitley recomment you.
Mr & Mrs L
Excellent Service from Banner Jones. Thank you.
Mrs B, Chesterfield
Very helpful and understanding. Thank you.
Mrs A, Chesterfield
Very happy with all aspects of my treatment at Banner Jones. Thank you very much Katie.
Mr & Mrs B, Chesterfield
Excellent. Katie was very pleasant and helpful.
Mrs K, Chesterfield
Very thorough, professional and friendly service, thank you.
Mr & Mrs J, Mansfield
Friendly, and vey helpfull staff.
Mrs P, Chesterfield
Excellent, friendly service, my Will was updated very quickly for me, which I really appreciate.
Mr & Mrs F, Chesterfield
Natalie at Banner Jones helped us update our Wills. She was very thorough whilst being sensitive to our situation She made it an easy, simple process. We recieved our Wills quickly and completed the matter within 3 weeks!
Mr & Mrs C, Chesterfield
Excellent service from start to finish! Prompt, trustworthy, reliable and extremely helpful. Highly recommended!
Many thanks to Katie Woodward for her wonderful assistance.
Mrs B, Chesterfield
Very pleased with the service recieved. Natalie was a very pleasant and efficient person to deal with. I wouldn't hesitate to recommend your services. Thank you.
Mr & Mrs P, Mansfield
Extremely satisfied with the service provided by Katie (and Ellie) in a very professional, friendly manner. The making of the Wills was handled sensitively, thank you.
Mr M & Dr R, Sheffield
Excellent service, all matters were dealt with in a very professional way.
Mr & Mrs Diprose
We used Kat Wheeldon at Banner Jones for our Wills and Powers of Attorney. We always had a friendly but professional service. Details were explained clearly so that we understood exactly what was involved and required. Fees weere explained straight away. We shall return to Banner Jones for any further legal work.
Mr & Mrs C, Chesterfield
First class service. many thanks for your help from start to finish.
Ms A, Chesterfield
I have recieved help and advice from Katie Woodward, she is kind, considerate and professional. I would be pleased to recommend her to friends, family and colleagues. Many thanks.
Miss W, Mansfield
I have been with this solicitors since the 60's and I have always been happy with this company. I was very happy with seeing Amy about my Will, she was very helpful.
Mr P, Chesterfield
Banner Jones staff have always been professional and kind throughout my dealings with them. They have been very considerate towards my elderly Uncle, and met his needs - Whether his physical or mental impairments - Making adjustments to their practice with no hesitation at all.
Ms L, Chesterfield
Both Natalie and Stacey were very friendly and I had a professional service for both my house purchase and Will. The staff were very nice to talk to and helped me with every step if I was unsure what to do. Will highly recommend to friends and family.
Mr & Mrs B, Mansfield
Outstanding service from start to finish.
Mrs B, Mansfield
Thank you so much for your excellent service in helping me making a Will.
Mr & Mrs W, Dronfield
We were very happy with the service provided.
Mrs W, Chesterfield
Thank you all for your kindness and support in a very sad time in my life, you have helped so much.
Mr T & Mr D
On behalf of Darren and myself I would like to thank you both for all your help and assistance in this matter.
Excellent and efficient throughout and handled with a professional and sensitive approach.
Mrs L, Dronfield
I would like to thank you for the friendly, and efficient way you have dealt with me. Thank you.
Mr & Mrs T
All staff we came into contact with were very professional. A quick and efficient service.
Mr & Mrs B, Derbyshire
Thank you for last weeks meeting which we both found very informative, friendly and helpful. You were able to reassure us and put our minds at rest about the number of issues. Thank you once again.
Mr & Mrs W, Nottinghamshire
Everything involved was dealt with in an exceptionally professional manner. Amy was a very friendly person to deal with, very knowledgable and also very sympathetic and sensitive to our needs. We could not have been better served!
Mr & Mrs W, Mansfield
Because we are in our 90's and only essentially amending our Wills, Amy was very patient and extremely sensitive to our situation. She explained the issues involved in a manner whcih was very easy to understand. She gave us a great deal on confidence and we were extremely happy with the outcome.
Mr M, Chesterfield
All staff (off all levels) were very friendly & helpful. Tea/ coffees were made available at the outset and not as an afterthought. I can see no reason at all to not use Banner Jones again for any other aspects of my affairs! Thank you!
Mrs P, Dronfield
A pleasing seamless experience. Very helpful and knowledgable staff. Thank you.
Mrs F, Mansfield
A straight forward & useful service.
Mrs A, Mansfield
Always found very good service. I would highly recommend.
Mr B & Mrs S, Mansfield
Very friendly and plenty of time and patience to explain every detail.
Mrs F, Sheffield
Banner Jones are excellent. I would definitely recommend to anyone.
Mr & Mrs R, Mansfield
Very pleased with the whole process. Amy was very helpful and understanding.
Mrs L, Mansfield
Amy was very kind and helpful. Always polite and goes the extra mile to source help.
Mr & Mrs W, Derbyshire
Thank you Anna and Natalie - This was a great experience as you made everything go so smoothly. We very much appreciate you working within our tight timeframe.
Mr & Mrs B, Chesterfield
I found the whole service extremely friendly and professional.
Mrs G, Chesterfield
I do not see a need for any improvement at Banner Jones. You were very helpful, efficient, and very approachable.
Mrs W, Matlock
5 stars across the board!
Advised me about my Will. The lady was very knowledgeable, clear, friendly and punctual.