Contested Trust and Probate Mediation

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