Wills & inheritance
Mediation of contested wills and inheritance disputes
A challenge to a will, or a claim for provision from an estate, sets family members against each other at a difficult time. Mediation allows those issues to be addressed privately and pragmatically.
Testamentary capacity
Whether the testator had the mental capacity required to make the will, often where the will was made in later life or during illness.
Undue influence and fraud
Allegations that the testator was coerced, or that a will or its execution was procured improperly. Serious allegations which need careful handling.
Knowledge and approval
Whether the testator knew and approved the contents of the will, particularly where circumstances surrounding its preparation are unusual.
Due execution
Whether the formal requirements for making a valid will were satisfied, and the effect if they were not.
Construction and rectification
Disputes about what the words of a will mean, or whether it fails to record the testator's actual intentions.
Inheritance Act 1975 claims
Claims by spouses, civil partners, children, cohabitants and others maintained by the deceased for reasonable financial provision from the estate.
Why these disputes are difficult to litigate
Claims of this kind commonly turn on medical records, attendance notes and the recollection of family members about events which took place years earlier. Expert evidence may be needed. The costs of establishing the facts can be substantial in relation to the value of the estate, and the process requires relatives to give evidence against one another in public.
What mediation can achieve
A mediated settlement is not limited to the orders a court could make. Parties may agree a division of assets rather than a cash award, the transfer of a particular property, arrangements for the occupation of a family home, staged payments, or terms addressing the interests of the wider family. Settlement terms are confidential unless the parties agree otherwise.
Inheritance Act claims
Claims under the Inheritance (Provision for Family and Dependants) Act 1975 are discretionary and fact-sensitive, which makes their outcome hard to predict. That uncertainty, together with the strict time limit for bringing a claim, means the parties often benefit from testing their positions in mediation at an early stage.
The information on this page is general information about mediation. It is not legal advice and does not replace advice from a solicitor.
Insights
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