Many different types of
contentious probate disputes can arise. These can include disputes concerning:
- A failure to make adequate financial provision (pursued under the Inheritance (Provision for Family and Dependants) Act 1975);
- Lack of testamentary capacity;
- Lack of knowledge and approval;
- Lack of due execution;
- Undue influence;
- Fraud and forgery;
- Revocation;
- Construction or interpretation of a Will; and
- Disputes during the administration of estates.
Mediation is ideally suited to resolving contentious probate, contested Wills and inheritance disputes. Family members are frequently still grieving and Court proceedings will often cause rifts between parents, children and siblings. Mediation allows parties to fully air their grievances whilst trying to preserve family relationships, and can hasten settlement.
The Association of Contentious Trust and Probate Specialists (ACTAPS) Code for the resolution of trust and probate disputes endorses the use of mediation at an early stage. Whilst the Code is voluntary, it is held in high regard by Judges and the Courts.
Why mediate contentious probate disputes?:
- To preserve relationships between beneficiaries;
- To preserve the estate assets for the intended beneficiaries rather than spending large sums of money on litigation costs;
- Confidentiality, privacy and informality within the mediation process;
- Flexibility of solutions in mediation; and
- A refusal to mediate can lead to the Court making an adverse costs order in litigation.
Call Stephen Wood on 07906 200 469 or 01295 814 999 for an informal chat to discuss whether mediation could be suitable for your contentious probate dispute.
