Disputes over wills and estates are rarely just legal arguments. They arise at a time of loss, involve close family members, and bring long-standing tensions to the surface. Challenges to the validity or interpretation of a will, claims under the Inheritance (Provision for Family and Dependants) Act 1975, and disagreements between executors and beneficiaries can quickly become difficult and deeply personal.
In England and Wales, mediation is now widely recognised as an effective way of resolving contentious probate disputes without the time, cost and strain of full court proceedings. It is regularly encouraged by the courts and, in many cases, offers a more constructive route forward.
This article looks at why mediation is so often well suited to probate disputes and the practical benefits it can offer.
A more proportionate approach to costs
Probate litigation can be, and often is, expensive. Disputes frequently involve multiple parties, complex family histories, and technical issues such as capacity, undue influence or the construction of a will. Court proceedings usually require extensive evidence, expert reports and multiple hearings, all of which increase costs.
Mediation is generally far more contained. Many disputes can be addressed in a single day, following focused preparation. While there are costs involved, they are typically much lower than taking a case to trial. For many families, avoiding unnecessary legal spend also means preserving more of the estate for those it was intended to benefit.
Earlier resolution and less uncertainty
Court proceedings can take many months, sometimes years, to conclude. During that time, estates may be left in limbo and relationships may deteriorate further.
Mediation allows parties to engage in meaningful discussions at an early stage, often before proceedings are issued or while they are still in their infancy. Reaching agreement sooner can reduce stress, provide financial certainty and allow estates to be administered without prolonged delay.
Privacy for sensitive family matters
Probate disputes are usually personal. Court hearings are generally public, and judgments may be reported (in legal reports or the wider media), particularly where they raise wider legal issues. For families who value privacy, this can be an unwelcome aspect of litigation.
Mediation is confidential. Discussions take place on a without prejudice basis and cannot be referred to if the dispute does not settle. This allows parties to speak openly and explore solutions without concern about public scrutiny or future use in court.
Helping families move forward
Contentious probate cases often involve parents, children, siblings and partners. Litigation can harden positions and deepen divisions, sometimes permanently.
Mediation takes a less adversarial approach. A skilled mediator can help parties communicate more clearly, understand each other’s concerns and focus on practical outcomes. While it cannot resolve every underlying issue, mediation often reduces hostility and helps families reach an outcome they can accept, rather than one imposed by a court.
Greater flexibility in outcomes
A court’s role is to apply the law and make orders within a defined framework. Mediation allows for more flexibility. Parties are free to agree solutions that reflect their particular circumstances, even if those outcomes are not ones a judge could order.
In probate disputes, this might include:
- Adjusted distributions of estate assets
- Lifetime occupation rights in a property
- Structured or staged payments
- Agreements relating to personal possessions with sentimental value
This flexibility can be especially helpful in Inheritance Act claims, where individual needs and expectations vary widely.
Keeping control of the decision
In litigation, the final decision rests with the court. Mediation allows parties to remain in control. Any settlement is reached by agreement and only takes effect if all parties accept it.
That sense of involvement often leads to greater satisfaction with the outcome and a higher likelihood that the agreement will be respected and followed.
Encouraged by the courts
The courts in England and Wales actively encourage alternative dispute resolution. Parties are expected to consider mediation, and an unreasonable refusal can have cost consequences, even for a party who ultimately succeeds at trial.
In probate disputes, judges are particularly aware of the emotional and financial toll of litigation and frequently view mediation as a sensible and proportionate step.
Is mediation suitable for every case?
Mediation is not appropriate in every situation. Cases involving serious allegations of fraud or issues that require a clear judicial ruling may still need to be determined by the court. However, the majority of probate disputes involve a mix of legal, emotional and practical considerations, making mediation a good fit in many cases.
Conclusion
Mediation offers a constructive, cost-effective and human way of resolving contentious probate disputes. It can reduce legal costs, avoid prolonged uncertainty, protect privacy and help families move forward with less conflict.
For many clients, mediation is not a sign of weakness or compromise, but a sensible way to resolve a difficult situation with dignity and control.
If you would like to speak to someone, please contact Stephen Bottomley or Kim Mareya where a dispute may be developing.
About the Author
Stephen Bottomley
Partner
Tel: 07353 003570