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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.
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
Have a different question?
Get in touchContested trust and probate mediation is a confidential, voluntary alternative dispute resolution process where an independent mediator helps opposing parties reach a mutually agreeable outcome. Rather than putting a family disagreement before a judge, mediation provides a safe, neutral space to discuss complex emotional and financial issues – such as challenges to a Will’s validity, claims under the Inheritance Act 1975, or disputes with executors. Our specialist contentious trusts and probate solicitors guide you through every step of mediation, giving you clear legal advice so you can make informed decisions while protecting family relationships and avoiding the stress of trial.
While discussions held during a mediation session remain entirely confidential and non-binding, any agreement reached on the day becomes legally binding once it is drafted into a formal written contract (often a Consent Order or Settlement Agreement) and signed by all parties. If court proceedings are already underway, this document can be submitted to the court to settle the claim formally without needing a trial. Our experienced team ensures that any agreed terms are legally robust, clearly written, and completely reflect your best interests before anything is finalised.
Mediation is significantly faster, far less expensive, and considerably less public than taking an inheritance dispute to court, which helps preserve estate assets for the beneficiaries rather than consuming them in legal costs. Unlike court judgments – which are strictly limited by law – mediation allows for flexible, creative solutions tailored to your unique family situation, such as bespoke property arrangements or specific financial compromises. Furthermore, courts actively encourage alternative dispute resolution, and choosing to mediate offers a supportive, compassionate environment to achieve closure without the hostility of full-scale litigation.
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.
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