How We Handle Will and Trust Disputes?
Disputes about Wills and Trusts can arise for many reasons. In every case, we take care to consider both the legal and personal aspects involved, particularly where family relationships are at stake. Our will dispute solicitors always aim to resolve matters through negotiation or mediation as a practical alternative to court proceedings whenever possible.
The Wills and Inheritance Dispute teams in Chesterfield, Sheffield and Mansfield are highly experienced in handling trust disputes, will and probate disputes and claims under the Inheritance (Provision of Family and Dependants) Act 1975, acting for both claimants and defendants. These claims arise where a person feels that a reasonable financial provision has not been made for them in the Will or under intestacy of the deceased. The 1975 Act allows certain categories of claimants to seek a reasonable financial provision from the estate.
Who Can Make a Claim?
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
Review Your Will
To avoid this happening to your family, make sure your Will is up to date and provides for everyone you want it to.
Types of Disputes
Our trust dispute solicitors assist clients with a wide range of matters, from will and trust disputes to executor and estate disagreements. Common examples include:
Challenges on the grounds of testamentary capacity
Questioning whether the person making the will had the mental capacity to do so.
Undue influence
Where someone may have been pressured into changing or making a will.
Improper execution of Wills
Where the legal signing or witnessing process was not correctly followed.
Professional negligence
Where errors in will preparation lead to financial or personal loss.
Disputes involving executors or trustees
Including situations where executors fail to administer the estate properly or breach their duties.
Examples of Trust Disputes Include:
- A beneficiary believing that a trustee has mismanaged funds held in trust.
- Family members arguing over an estate when no valid will exists.
- Claims that one party was promised an inheritance which was later excluded from the will.
- Executors refusing to provide information or distribute assets fairly.
Our Dispute Resolution teams in Chesterfield, Dronfield, 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.
Why Choose Banner Jones?
Choosing the right legal team can make all the difference in resolving trust disputes efficiently, sensitively and in the most cost-effective way to the estate. At Banner Jones, we offer:
- Proven Expertise: We have decades of experience acting as leading trust disputes solicitors in the region.
- Local Accessibility: At Banner Jones, we have offices in Chesterfield, Dronfield, Sheffield and Mansfield. We also offer home visits where required.
- Clear, upfront costs: We offer fixed-fee initial consultations for peace of mind, followed by transparent cost breakdowns so there are no surprises later on.
- Compassionate and practical advice: Our Will dispute solicitors focus on fair outcomes to avoid unnecessary conflict.
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 from experienced will dispute solicitors such as Banner Jones 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 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.
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 from estate dispute solicitors 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 will and trust disputes do not reach a final court hearing.
Under what circumstances can I challenge the validity of a Will?
It is possible to challenge a Will If you believe it was not made correctly or fairly. Common grounds include lack of testamentary capacity, undue influence, or fraud. If you are disputing a Will UK, it is important to seek early advice from will dispute lawyers to protect both your position and the estate.
What does “lack of testamentary capacity” mean?
Lack of testamentary capacity refers to situations where the person creating the will may not have understood the nature of the document, their assets, or the implications of their decisions due to illness or diminished mental capacity.
What is “undue influence”, and how does it affect a Will?
Undue influence happens when a person is either pressured or coerced into changing or making a Will. If prove, the Will may be declared invalid.
How long do I have to contest a Will or make a claim against an estate?
Most claims under the 1975 Act must be made within 6 months from the date probate was granted. Contact our Will dispute solicitors as soon as possible to ensure you avoid missing key deadlines.
What happens if an Executor is not performing their duties correctly?
Where an Executor is not performing their duties, are mismanaging the estate or are failing to act in the best interests of the estate or beneficiaries our estate dispute solicitors can help apply to the court to remove them or replace them.