Mediation for contentious probate, Will and Trust disputes

Mediation is ideally suited to resolving contentious probate, contested Wills and inheritance disputes. If this is you, please click the button to speak with one of our mediation team and let us help you resolve the dispute through mediation.

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Mediation is ideally suited to resolving contentious probate, contested Wills and inheritance disputes. Family members are naturally still grieving and Court proceedings can often cause additional strain and create rifts between parents and children or drive a wedge between siblings. Mediation is a softer approach and allows the parties to fully air their grievances whilst trying to preserve family relationships, and can hasten a settlement.

    Benefits of mediation

    • 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

    Mediation Services at Franklins:

    We can offer contentious probate mediations in our own offices or at neutral venues in and around Milton Keynes and Northampton and also via Skype, if meeting in person is problematic.

    For further advice and assistance please contact our Private Client Team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk

    More information on the mediation process 

    Frequently Asked Questions about Mediation for Probate

    What is probate mediation?

    When probate is contested, the role of a mediator is to attempt to help the parties to resolve their issues and find a solution which is acceptable. If a case does go to court, a judge will be interested to understand the outcome of mediation, so this should always be the first option for resolving a dispute.

    Can you get legal aid for contentious probate?

    Yes, for a contentious probate dispute, you may be able to get Legal Aid to help with a dispute if you meet the eligibility criteria for Legal Aid.

    Can you contest probate?

    Yes, you can contest probate if you are a beneficiary, a family member, financially dependant on the deceased person or if you were promised something on the death of the person.

    What happens in meditation when contesting a Will?

    During the mediation process, the independent third person will look to gain the views and the position of each party and attempt to come to some sort of agreement between the parties.

    How do you settle a Will dispute?

    If a will is contested then the dispute is either resolved through a mediation process or will be decided in a court if mediation is unsuccessful.

    Which court deals with Will disputes?

    A probate dispute, or will dispute, is heard through the civil court system. This process usually takes place through the High Court, Chancery Division or through a local court which has the High Court, Chancery Division Registry, although it is also possible that some County Courts are able to hear a probate dispute case.

    Contact the Franklins Mediation team

    If you have any questions about mediation, please don’t hesitate to contact our team of experts who are on hand and ready to help you.