Contesting a Will
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.
Contesting a Will in Chesterfield, Sheffield, Dronfield and Mansfield
We can help you with your dispute
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).
Want to know more?
How to Make a Will
What is Contentious Probate, and how does it affect me?
Success Stories
Undue influence by sibling
We represented a client in relation to a dispute concerning the validity of his mother’s Will, in circumstances which suggested that the mother’s last Will had been made under duress and undue influence exerted by our client’s sibling. In this case it was essential to consider the circumstances of the creation of the Will, including the drafting solicitor’s contemporaneous notes, against the background of family relationships in order to establish the necessary grounds of challenge. We were successful in establishing undue influence at trial.
Defending a challenge to a Will
We acted on behalf of a client in defending a challenge to his long-term partners’ last Will, in circumstances where the partner’s son alleged the Will had been made in circumstances where his mother lacked capacity and had been subject to undue influence. We were successful in bringing this matter to an early conclusion by way of mediation.
Challenging a forged Will
We represented a client in relation to a challenge to the validity of his mother’s last Will, in circumstances where all evidence pointed to the fact that the Will was a forgery and could not have been created on the date in question. Establishing these facts required us to compile a detailed and through investigation of factual evidence, to substantiate our client’s claim.
Removing a caveat
We assisted a client in removing a caveat entered by a discontented sibling and successfully defended allegations of lack of capacity and undue influence, in circumstances where we were able to show that there was insufficient evidence that the testator lacked the necessary testamentary capacity or that any undue influence was exerted.
A Will with a drafting error
We acted for executors in relation to a claim for construction of the terms of a Will, in circumstances in which the drafting solicitors had made a drafting error, which resulted in uncertainty as to the correct interpretation of the Will. We were successful in resolving this matter and securing payment of the Executors costs by the negligent solicitors.
Dispute concerning a late mother’s interest in a partnership
We represented Executors in relation to a dispute concerning their late mother’s interest in a partnership. We were successful in negotiating payment to the estate in respect of the Deceased’s share in the partnership, by the business partner.
Common Contesting a Will Questions
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. 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. 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. There are a number of 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 favorable 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 disputes do not reach a final court hearing.
Is it possible to challenge a will?
What if I have been left out of a Will or am unhappy with the amount that has been left to me?
What is a Caveat and how does it work?
What options are available where an Executor/Administrator is not carrying out their role properly?
Would I have to attend a court hearing if I pursue a claim?
Wills writing
Jenna was fantastic, I will definitley recommend to family and friends. I will not hesitate to use your services again.
Mr & Mrs B, Sheffield
We wish to thank Banner Jones for incredible assistance in guiding us and explaining the process of our Wills and LPA'S.
Mr & Mrs S, Chesterfield
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.
Mrs F, Old Whittington
From the minute you walk into reception you are put at ease, and this continues right through the chain. Would recommend them any time.
Mr G, Chesterfield
I can’t thank Banner Jones enough for the kindness and patience, and would highly recommend this firm.
Mrs S, Chesterfield
Will Writing
Excellent company. Highly satisfied.
Mrs H, Ashgate
Probate 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.
Mrs L, New 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 G, Old Tupton
Will Writing
Excellent customer service. Prompt and efficient. I found Jenna to be kind and considerate during our meetings.
Mr & Mrs H, Hasland
The young lady was so friendly and helpful, and made me feel comfortable – which is a rare thing these days
Mrs T, Sutton In Ashfield
Will Writing
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 R, New Whittington
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.
Mrs S, Newbold
Very helpful and friendly. Everything was explained in a way that made it easier to understand.
Mr & Mrs M, Dronfield
Clear, precise, friendly information on the issues we had. Will use Banner Jones for any future legal advice and issues.
Mr & Mrs M, Chesterfield
Will Writing
Very happy with services offered by professional people.
Mr & Mrs H, Mansfield
Writing a WIll
I would give you 10/10. Very good.
Mrs P, Bolsover
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 S, Forest Town
Writing a Will
Everything was dealt with efficiently.
Mr & Mrs J, Glapwell
Thank you for dealing with everything in a professional, pleasant and friendly manner.
Mrs R, Mansfield
Very friendly experience with clear and uncomplicated explanations, giving us confidence in the professional service.
Mr & Mrs L, Grindleford
Will Writing
A very friendly and helpful service from start to finish.
Mrs C, Shiregreen
I found Natalie very courteous, and she has a lovely disposition. She’s very easy to talk to.
Mr L, Chesterfield
The service I received couldn't have been better!
Mrs C, Chesterfield
Your sensitivity on your home visit to deal with Mum’s Will was absolutely brilliant.
Mr & Mrs J, Barlow
Excellent service – friendly staff explained everything to me in ways that I could understand.
Mrs C, Bolsover
My Will was drawn up speedily and expressed my wishes precisely. Miss Fowlston was pleasant, helpful and produced exactly what I wished for.
Mr S, Brimington Common
Our experience with Banner Jones was friendly and efficient.
Mr & Mrs H, Brockwell
Put everything in black and white and Banner Jones “Will” see you right.
Mrs W, Shuttlewood
Everything in plain English.
Mr & Mrs S, Crookes
Very prompt & efficient service provided, meeting a tight schedule.
Mr C, Mansfield
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 M, Chesterfield
Excellent, professional and supportive communication throughout. Thank you very much, Kat.
Mrs B, Shirland
Very efficient, friendly and professional. We would definitely recommend to friends and family. They made the whole experience problem free.
Mrs W, Mansfield
We’re really grateful for the work you did for us. 10 out of 10!
Mr & Mrs S, Bridlington
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.
Mr C, Dronfield
Brilliant service, kept well informed all the way through the process. Would definitely recommend.
Miss H, Nottinghamshire
Cannot fault the service, efficient, prompt and cautious. Matters explained very well and clearly. Pleasantly surprised.
Mr & Mrs D, Mansfield
Service provided was excellent. All the staff were very helpful, considerate and professional. I would highly recommend to friends and family.
Mr W, Nottinghamshire
Banner Jonesprovided me with a very professional and friendly service in difficult, personal circumstances and I cannot reccomend them enough. 10/10.
Mr T, Chesterfield
Natalie was very professional and friendly. Good listener, very caring. Thank you Natalie.
Mrs M, Mansfield
All my dealings have been with Sarah who has always been professional, knowledgeable and extremely helpful. I would recommend Banner Jones.
Mr P, Derbyshire
Excellent, professional service.
Mrs M, Mansfield
Very good and friendly reception staff; excellent professioanl service; good comunication and timely attention to my work undertaken.
Mrs F, Chesterfield
Outstanding service. So very helpful, knowledgeable and easy to understand. A pleasant member of your team!
Mrs K, Sheffield
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.
Ms E, Chesterfield
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.
Ms Carpenter
Banner Jones & Kat Wheeldon's help has got me through this last year. Their help and kindness was without doubt invaluable.
Mrs W, Chesterfield
Kathryn Wheeldon has provided me with an excellent service and I would recommend her to all of my friends and family.
Mrs R, Chesterfield
Excellent service! Becasue of illnesses, my new will from start to signing took half a day!
Mrs B, Nottingham
Excellent service! Thank you for all fo your help and making everything stress free for me. Will definitley recomment you.
Mr B & Mrs M, Chesterfield
Excellent Service from Banner Jones. Thank you.
Mr & Mrs L
Very helpful and understanding. Thank you.
Mrs B, Chesterfield
Very thorough, professional and friendly service, thank you.
Mrs K, Chesterfield
Friendly, and vey helpfull staff.
Mr & Mrs J, Mansfield
Excellent, friendly service, my Will was updated very quickly for me, which I really appreciate.
Mrs P, 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 F, 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.
Mrs B, Chesterfield
Excellent service, all matters were dealt with in a very professional way.
Mr M & Dr R, Sheffield
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 Diprose
First class service. many thanks for your help from start to finish.
Mr & Mrs C, Chesterfield
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.
Miss W, Mansfield
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.
Ms L, Chesterfield
Outstanding service from start to finish.
Mr & Mrs B, Mansfield
Thank you so much for your excellent service in helping me making a Will.
Mrs B, Mansfield
We were very happy with the service provided.
Mr & Mrs W, Dronfield
Thank you all for your kindness and support in a very sad time in my life, you have helped so much.
Mrs W, Chesterfield
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.
Mr T & Mr D
I would like to thank you for the friendly, and efficient way you have dealt with me. Thank you.
Mrs L, Dronfield
All staff we came into contact with were very professional. A quick and efficient service.
Mr & Mrs T
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 B, Derbyshire
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, Nottinghamshire
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 & Mrs W, Mansfield
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!
Mr M, Chesterfield
A straight forward & useful service.
Mrs F, Mansfield
Always found very good service. I would highly recommend.
Mrs A, Mansfield
Very friendly and plenty of time and patience to explain every detail.
Mr B & Mrs S, Mansfield
Banner Jones are excellent. I would definitely recommend to anyone.
Mrs F, Sheffield
Very pleased with the whole process. Amy was very helpful and understanding.
Mr & Mrs R, Mansfield
Amy was very kind and helpful. Always polite and goes the extra mile to source help.
Mrs L, Mansfield
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 W, Derbyshire
I found the whole service extremely friendly and professional.
Mr & Mrs B, Chesterfield
I do not see a need for any improvement at Banner Jones. You were very helpful, efficient, and very approachable.
Mrs G, Chesterfield
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