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Why We Choose Mediation in contested probate

Mediation

Contested probate disputes are emotionally charged by nature: a loved one has died, relationships are strained, and substantial assets may be at stake. Court proceedings frequently prolong the stress—as well as the expense—at a time when families most need closure.

That is why we regularly recommend mediation. Last week we represented an executor in a multi-party, high-value estate dispute at the International Dispute Resolution Centre (IDRC). Although the matter ultimately continued towards trial, the day highlighted how the IDRC facilitates complex negotiations and why mediation remains the most cost-effective first step.

Why Mediate a Probate Dispute?

Traditional litigationMediation
Can take 12–24 months (or longer) to reach trialFrequently resolves within a single day
Disclosure, expert evidence and trial bundles drive costs upwardsOne venue fee and mediator’s costs are shared
Public hearings, cross-examination and judgments on the recordConfidential, without setting family members against each other in open court
Judge imposes a decision—often “winner-takes-all”Parties craft solutions (e.g., life-interests, staggered payments, charitable gifts) impossible in court orders

Even when mediation does not end in agreement—our recent session being a prime example—it narrows the issues, clarifies evidence, and usually prompts settlement shortly afterwards when litigation costs begin to bite.


A Growing Trend

The Probate Registry reported a 34 % rise in contested wills between 2018 and 2024. We have seen a similar uptick in instructions, particularly where:

  • second marriages leave blended-family dynamics;
  • significant lifetime gifts blur the testator’s true intentions; or
  • digital assets and overseas property complicate valuations.

Early legal advice, coupled with an expertly managed mediation, can prevent those tensions hardening into full-scale proceedings.


How We Can Help

We act for executors, trustees, and beneficiaries, guiding them through:

  1. Pre-action negotiation and disclosure to identify the real issues;
  2. Selection of mediator and venue—the IDRC is often our first choice;
  3. Protective court applications where limitation periods loom; and
  4. Strategic litigation when mediation is not enough.

If you are facing a potential inheritance dispute, contact Jagdev Legal on 01213202053 or email info@jagdevlegal.co.uk for an initial, no-obligation discussion.


The content of this article is provided for general information only and does not constitute legal advice. Professional advice should be sought for each individual matter.

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