"Money often costs too much" Ralph Waldo Emerson
Contested Wills, Trusts & Probate
Why choose mediation?
Regardless of whether financial and estate planning arrangements have been put in place or not, unfortunately conflict can occur concerning the consequences of decisions particularly when someone has died. Commonly these disputes concern wills, trusts and the administration of a deceased’s estate known as “contested probate”. Such disputes are often best managed through mediation, particularly where the cost of taking a case to court will have a disproportionate impact on the funds available.
With an eighty percent success rate, mediation is a highly effective form of dispute resolution. It not only saves costs, but also limits the emotional and personal toll for individuals and families enabling them to maintain control of the outcome and resolving the dispute in just one day.
Some of the most common wills, trusts and probate disputes suitable for mediation include:
Wills
Challenges to a will regarding:
- non-compliance with specific formal requirements;
- the mental capacity of the deceased;
- undue influence on the deceased;
- the lack of knowledge and approval of will contents by the deceased;
- manipulation (poisoning) of the deceased’s mind (“fraudulent calumny”);
- the true intentions of the deceased and fraud;
- forgery;
- rectification or revocation of a will.
Trusts
Challenges to the establishment of a trust can involve:
- concerns over the settlor’s mental capacity;
- undue influence;
- assertions that the trust is a sham;
- ambiguity and lack of clarity of the trust document;
- concerns that the trust is improperly formed;
- a need to modify the terms of the trust.
Or in respect of the administration of the trust by its trustees disputes may relate to:
- mismanagement and dissipation of trust funds;
- misuse of trust funds by trustee(s) for personal benefit;
- failure to provide a beneficiary with access to funds;
- lack of payment of income to a beneficiary;
- failure by trustee(s) o disclose trust information;
- breach of trust;
- removal of a trustee for various reasons.
Probate
Contested probate disputes may arise from:
- a challenge by administrators of an attorney’s management of the deceased’s affairs during the deceased’s lifetime;
- a Trusts of Land and Appointment of Trustees Act (TOLATA)1996 claim;
- creditor claims against an estate;
- forfeiture;
- an Inheritance (Provision for Family and Dependants) Act 1975 claim;
- mutual wills;
- opposition to a grant of probate;
- claims for losses caused by personal representatives or trustees;
- presumed death;
- proprietary estoppel;
- professional negligence;
- revocation of a grant.
Whatever the nature of your wills, trusts or probate dispute our experienced lawyer mediators can assist you to reach a resolution.
What do I do next?
You can select a mediator from our TEAMS and make contact to discuss your needs.
Please CONTACT us, if you and the other party needing mediation services are unable to agree on a mediator and you both need us to appoint a mediator from our team on your behalf. Some information about our “Appointment Service” can be found HERE
