Contentious Probate Disputes: Why Mediation Is Often the Best Solution In some cases
We know that disagreements over wills, inheritance, executors, or estate administration are now at record levels given the number of Court cases issued at High Court.
While court proceedings are sometimes necessary, litigation is not always the most effective way to resolve a contentious probate dispute. Mediation can often be a  faster, more cost-effective, and less adversarial alternative, and one that can lead to more practical and lasting outcomes.
At TM Solicitors, we regularly advise clients on resolving contentious probate disputes through mediation, either as an alternative to court proceedings or alongside them.
Does Mediation work ?
Having reviewed the last 30 cases TM solicitors have acted in that have gone to a mediation relating to contentious probate, only 2 haven’t settled ( and they both settled after the mediation ) so that’s a success rate of 93.3%.
What Is Mediation in a Contentious Probate Dispute?
Mediation is a confidential and voluntary process in which an independent mediator helps parties reach a negotiated settlement. The mediator doesn’t make any decision ( on who is right or wrong ) but facilitates constructive discussions to explore options for resolution.
Mediation can be used in a wide range of contentious probate matters, including:
- Disputes over the validity or interpretation of a will
- Claims under the Inheritance (Provision for Family and Dependants) Act 1975
- Disputes between beneficiaries
- Allegations concerning the conduct of executors or trustees
It can take place before court proceedings are issued or at any stage during litigation. Very often Courts will now issue Orders relating to mediation so its best to consider it early to avoid the imposition of an Order from the Court.
The Key Advantages of Mediation in Contentious Probate Disputes
A More Cost-Effective Approach
Litigation in contentious probate disputes can be expensive, with legal costs often paid from the estate itself. This can significantly reduce the assets available for distribution. A trial can cost anything between £50,000-£100,000 in costs.
Mediation is always far less costly. Many disputes are resolved in a single day ( often remotely now via zoom ) helping to limit legal fees and preserve estate value.
Faster Resolution
Court proceedings in probate matters can take many months or even years to conclude. Mediation allows parties to address issues far more quickly, often achieving resolution within weeks rather than years.
This speed can be particularly valuable where estate administration has stalled due to ongoing disputes.
Preserving Family Relationships
Contentious probate disputes frequently involve close family members. Court proceedings are adversarial by nature and can permanently damage relationships.
Mediation encourages dialogue and compromise, offering a more constructive environment in which parties can address concerns without the hostility often associated with litigation.
Confidentiality and Privacy
Court proceedings are generally public, meaning sensitive family and financial information may become part of the public record. Mediation is confidential, allowing parties to speak openly and explore settlement options without publicity.
This confidentiality is often a key consideration in contentious probate matters.
Greater Control Over the Outcome rather than a Judge
In court, the outcome of a contentious probate dispute is determined by a judge. Mediation allows parties to retain control over the resolution and agree solutions tailored to their specific circumstances.
This flexibility often results in outcomes that are more practical and satisfactory than those imposed by the court. Its always to be remembered Judge’s are only human and can make mistakes, sometimes resulting in the scope of an appeal resulting in yet more uncertainty, and cost.
Reduced Stress and Emotional Impact
Probate disputes can be emotionally draining. Litigation can intensify that stress and prolong uncertainty. Mediation offers a more supportive and less confrontational process, helping parties focus on resolution rather than conflict. Its also conducted in an environment that’s more conducive
When Is Mediation Appropriate?
Mediation is suitable for most contentious probate disputes, even where relationships are strained or positions appear entrenched. Early mediation can often prevent disputes from escalating and reduce the need for court proceedings altogether.
At TM Solicitors, we assess at an early stage whether mediation is appropriate and advise clients strategically on the best route to resolution.
How TM Solicitors Can Help
TM Solicitors has experience advising clients across a wide range of contentious probate disputes. We provide clear, practical advice on whether mediation is appropriate and represent clients throughout the mediation process to protect their interests and achieve effective outcomes.
👉 If you are involved in a contentious probate dispute and would like to discuss your options, contact TM Solicitors today for an initial consultation on 01482 429985.
