Mediation of probate and estate administration disputes

Disputes arising in estate administration

Once a person has died, responsibility for collecting in the assets, paying debts and liabilities and distributing the estate falls to the personal representatives — the executors appointed by a will, or the administrators appointed where there is no will. Disagreement can arise at almost any point in that process.

• delay in obtaining a grant or in administering the estate;
• disputes about the valuation or sale of estate property;
• challenges to estate accounts or to the level of expenses claimed;
• disputes about who is entitled to a grant, or applications to remove or substitute a personal representative;
• allegations of breach of duty, self-dealing or failure to account;
• disputes about chattels and items of sentimental value;
• competing claims to the same asset, or questions about whether an asset formed part of the estate at all.

Why probate disputes suit mediation

Contentious probate claims are often factually detailed, evidentially expensive and emotionally charged. Costs frequently come out of the very estate the parties are arguing about. A mediated settlement can deal with matters a court would find difficult to order: the timing of a sale, the division of personal possessions, an apology or explanation, contributions towards costs, or a structure which allows a family business or property to continue.

Who takes part

Personal representatives, beneficiaries and their legal advisers usually attend. Executors and trustees should consider the protection available to them when compromising a claim, and should take their own legal advice about the terms of any settlement and about the use of estate funds.

Timing

Mediation can be arranged before a claim is issued, during the course of proceedings, or shortly before trial. Early mediation tends to preserve more of the estate; later mediation has the advantage of a clearer evidential picture. Both are common.

This page provides general information about mediation only. It is not legal advice and is not a substitute for advice from a solicitor about your own dispute.