Contested Trust and Probate Mediation

 

Going to Court to resolve disputes over Inheritance, Wills or Probate can be long drawn out and costly. Mediation is a process by which parties can resolve disputes by agreement without any court proceedings being required.

Lead Contact

Kay Baker

Partner, Solicitor & Head of Contentious Trusts and Probate

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Mediation for resolving contested trust and probate disputes

Mediation is ideally suited to resolving disputes relating to an inheritance or trust. It allows parties to compromise their dispute without the need for court proceedings, which is particularly valuable if the parties are also trying to deal with their bereavement.

There are many different types of contentious probate dispute that can arise. These can include disagreements concerning:

  • Lack of testamentary capacity
  • The testator’s lack of knowledge and approval of the terms of the will
  • Lack of due execution of a will
  • Undue Influence
  • Construction or interpretation of a will or trust
  • A failure to make adequate financial provision
  • Disputes with executors or trustees

Benefits of mediation when disputing a will

  • To preserve the estate assets for the intended beneficiaries rather than spending large sums of money on litigation costs
  • To preserve relationships between beneficiaries
  • Confidentiality, privacy and informality within the mediation process
  • Flexibility of solutions in mediation
  • A refusal to mediate can lead to the Court making an adverse costs order when the dispute reaches litigation

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Get in touch

If you have any enquiries please contact any one of our specialist team who would be pleased to advise you on your options. You can also contact your Mediator individually from ‘Our People’ page using the link below.

Our People

Kay Baker

Partner, Solicitor & Head of Contentious Trusts and Probate

Get in touch


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