Mullis & Peake LLP Solicitors
Open menu
Call us on 01708 784000
  • facebook
  • twitter
  • linkedin
  • youtube
  • Our Firm
    • About Us
      • Our Accreditations
    • Our History
    • Our Values
      • Our Client Charter
      • Our Client Survey
    • Our Testimonials
      • Commercial Team
      • Dispute Resolution Team
      • Family Team
      • Private Client Team
      • Residential Property Team
    • Work For Us
  • Our People
    • Company and commercial Team
    • Dispute Resolution Team
    • Family Team
    • Private Client Team
    • Residential Property Team
    • Business Support Team
  • Our Services
    • Services For Business
      • Company & Commercial
      • Commercial Disputes
      • Commercial Property
      • Employment Advice
      • Mergers & Acquisitions
      • Industry Expertise
        • Construction
        • Healthcare
        • Industry
        • Leisure & Hospitality
    • Services For Individuals
      • Contested Wills & Financial Provision
      • Court of Protection
      • Employment Advice
      • Family & Divorce Law
      • Family Mediation
        • Mediation Referral Form - Individuals
        • Mediation Referral Form - Solicitors
      • Lease Extensions & Enfranchisement Claims
      • Legal Disputes
      • Personal Injury
        • Personal Injury Claim Form
      • Residential Property
        • Sales Estimate Form
        • Sale/Purchase Estimate Form
        • Purchase Estimate Form
      • Wills & Power of Attorney
        • Will Quotation Form
      • Trusts & Probate
  • News & Events
    • Our News
    • Legal News
    • Our Events & Seminars
  • Contact Us
    • Find Us
      • Romford Office
      • Shenfield Office
    • Stay Informed
Open
Filter
29 January 2018

Using mediation instead of litigation for Wills disputes

  • Category:
    • Trusts & Probate
    • Wills & Power of Attorney
    • Contested Wills and Financial Provision
  •  
  • Share:
    • Facebook
    • Twitter
    • Linkedin
29 January 2018

Using mediation instead of litigation for Wills disputes

Mediation is perhaps the best known, most popular and flexible form of Alternative Dispute Resolution (ADR) and has advantages over litigation in the courts.


Mediation is a consensual and confidential process in which an independent third party, the mediator, assists the parties to achieve their own settlement to the dispute. A common misconception is that the mediator is some kind of judge. He or she is not. The mediator is not there to express views as to the rightness or wrongness of anything done by either party, or as to the strengths of either party's case. He or she is there to help the parties explore options for settlement. He may suggest possible solutions, but he does not and cannot impose them on the parties. This is not a trial.  

Trust and estate disputes are particularly suitable for mediation. This could include: disputes as to the validity of a Will; claims for reasonable financial provision from the estate under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act); claims beneficiaries under a Will against trustees of a breach of trust and/or professional negligence; dispute about the exercise of the trustees' discretion; claims for repayments of “gifts” where there is a suggestion of the exercise of undue influence. Many other types of claims are suitable for mediation.  

It will be a matter in each case to decide when is the right time to mediate a dispute. A number of factors will relevant. Mediate before costs become disproportionate. Generally it is better, mediate sooner rather than later. Ideally this will be at the time when the detail of the claim and the response are known to both sides, but before the costs, in reaching that stage, are so great that a settlement is no longer possible.   

The choice of mediator is crucial.  Many mediators have trained and are accredited but what really counts is experience and the different skills sets that they can bring to the process. Someone with an awareness of the particular problems inherent in trust and estate litigation is likely to be far better than a good mediator who has no experience of the area.   

The parties to the trust or estate dispute are usually trustees or personal representatives  and beneficiaries of the trust or estate. In some cases the dispute may be between the beneficiaries, and the trustees' role is simply to implement what is agreed between the beneficiaries. If their interests may be affected beneficiaries should be at the mediation in person or by someone representing them.

 Lawyers are often present at mediations, though of course there is no obligation on a party to have a lawyer at the mediation. Generally it is not necessary to have experts present, occasionally an accountant will give tax advice.  

PTAIT_20150514_0888

Martyn Trenerry

View Profile

Expert Commentary

Martyn Trenerry, specialist in contested wills at Mullis & Peake LLP Solicitors, said:

 “The main advantage of mediation is that is can be a quicker and more cost effective solution, but it can be overlooked that this less formal approach can avoid the tension that is often created by a trial. This can be of great importance in Will disputes, and offers a forum that can avoid any worsening of family conflicts and may, in some circumstances, go a long way to preserving relationships.”

« BACK

« BACK

Categories

  • Awards & Innovation
  • Charity & Fundraising
  • Movers & Shakers
  • Trusts & Probate
  • Wills & Power of Attorney
  • Commercial Property
  • Residential Property
  • Family Mediation
  • Family & Divorce Law
  • Other

News Archive

  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • Older
HYPN-Business-Card---LARGE---low-res
HYPN Update
It is with great regret that we announce that Havering ...
Read more
Mullis & Peake LLP Solicitors @Mullis_PeakeLLP@Mullis_PeakeLLP
Our Romford OfficeRomford Office
8 - 10 Eastern RoadRomford, Essex, RM1 3PJ

T:
01708 784000
DX:
138126 Romford 4
E:
office@mplaw.co.uk
Our Shenfield OfficeShenfield Office
194 Hutton Road, Shenfield, Essex, CM15 8NR

T: 01277 245015

DX: 32907 Shenfield

  • Team_of_the_Year
  • image description
  • image description
  • Acceditation_Marque_ISO_9001_Colour[2]

© Mullis & Peake LLP 2015 - all rights reserved

Website by Itineris

  • Accessibility
  • Disclaimer
  • Legal & Privacy
  • Terms of Business
  • Regulatory
  • Cookie Policy