An inheritance dispute arrives at the worst possible time. Someone has died, the family is grieving, and a will, a trust or a promise made years ago has become the subject of a disagreement that nobody wanted. Left to the courts, these cases can take years, consume much of the estate in costs, and leave relationships beyond repair.
Why families choose mediation
Inheritance claims are personal. They involve memory, loyalty and a sense of what is fair, as much as the law. Mediation gives every person a chance to be heard in a private setting, and then to shape an outcome the whole family can accept. It is confidential, it is quick, and the parties, rather than a judge, decide what happens to the estate.
The courts expect parties to try to settle these claims, and a refusal to mediate can be penalised in costs.
Typical matters include:
- Validity of a will — capacity, knowledge and approval, undue influence and formal execution.
- Inheritance (Provision for Family and Dependants) Act 1975 claims — a spouse, partner, child or dependant seeking reasonable financial provision from an estate.
- Executor and trustee disputes — delay, accounts, removal, and disagreements about how an estate or trust should be administered.
- Proprietary estoppel and lifetime promises — a farm, a business or a home promised in return for years of work or care.
- Beneficiary disagreements — the family home, personal possessions, and how an estate is divided or sold.
- Family business succession — where ownership, control and inheritance overlap.
A calm process
Before the day I speak with each side to understand what matters most to them, which is often not what the pleadings say. On the day I work in joint and private sessions, at a pace the family can manage. Agreements are written up and signed before the mediation closes. Where proceedings have begun, the terms can be recorded in a consent order; where they have not, the agreement can be documented so that nothing is left uncertain.
