The death of a relative, friend or business colleague is invariably a difficult time emotionally. Sadly it is also a time when disputes can arise as to how the deceased’s estate is to be distributed, even if the deceased made a Will. These are called probate or estate disputes. The financial and emotional cost of these disputes can never be underestimated. Mediation can be a very effective way of resolving them. The other way is by making an application to court.
This article explains how mediation can help resolve disputes about probate or estates. These disputes can range from questions over the validity of a Will (if there is one) to how the estate should be distributed with or without a Will. The benefits of mediating probate disputes over litigation in court include the following:
- To preserve the assets of the estate for the beneficiaries as opposed to incurring the costs of litigation
- To resolve disputes quickly as court proceedings take months, often years
- To try and prevent family conflicts, or their further escalation
- To preserve long-term relationship between the executors and the beneficiaries and/or between the beneficiaries
- The mediation process offers greater privacy, informality and confidentiality
- The solutions that can be achieved in mediation are far more wide-ranging and flexible than the limited range of powers open to a court
- Refusing to mediate can result in adverse costs consequences for the refusing party if court proceedings have to be issued to resolve a dispute
Some further value added points a mediator can help with in probate or estate disputes include but are not limited to:
- Early disclosure of each party’s views
- Reality checking each party’s views
- Understanding the other party’s position
- Breaking down communication impasses or misunderstandings which can escalate in the court process
- Including issues which matter to the parties which may not be relevant to legal merits but will help some or all of the parties move on
- Remaining fully in control of outcome as opposed to having a court order imposed which could satisfy none of the parties
You can opt for mediation at any time, even after court proceedings are issued, but mediation sooner rather than later has all of the above benefits, the key ones being cost, early resolution but also resolving issues amicably and preserving the assets which is ultimately what the relative, friend or business colleague would have wanted.
For a more in-depth article about the nuts and bolts of the mediation process generally, please visit: https://www.bowerandbailey.co.uk/for-individuals/mediation
If you have further questions or wish to instruct us to mediate your dispute, conflict or an impasse- contact our Banbury office on 01295 265566 or ask to speak to Reema Chugh.
We help parties daily to try and resolve their disputes in a non-confrontational, cost-effective way.
