Case Study: Successfully Resolving a Challenge to the Validity of a Will Through Mediation

We acted for a client in a Contentious Probate dispute concerning the validity of his late mother’s Will and the administration of her estate.

The dispute arose following concerns regarding the circumstances surrounding the preparation of the Will, the distribution of the estate, and the conduct of family members involved in the administration process. Relations between the siblings had significantly deteriorated and the matter carried substantial emotional as well as financial importance.

The estate included a residential property and other assets of considerable value.

Our client disputed the validity of the Will and sought specialist advice regarding the merits of a potential challenge.

As is often the case in inheritance disputes involving close family members, the issues were legally and emotionally complex. Matters in dispute included:

• concerns regarding the preparation and execution of the Will;

• allegations surrounding the deceased’s intentions;

• questions regarding the administration of the estate; and

• competing positions between beneficiaries and executors.

Court proceedings had not yet been issued and all parties agreed to attempt to resolve matters through mediation.

We represented our client at a full-day mediation involving all interested parties.

Following extensive negotiations, a settlement was successfully achieved without the need for contested court proceedings.

The settlement included:

• a Deed of Variation restructuring the distribution of the estate; and

• a formal Settlement Agreement governing the future administration of the estate and sale of estate property.

As part of the settlement, our client secured a substantial six-figure payment from the estate.

By resolving the matter through mediation, the parties avoided the significant costs, delay and uncertainty associated with High Court probate litigation.

The matter demonstrated the importance of combining strong litigation strategy with pragmatic dispute resolution.

By resolving the dispute through mediation, our client avoided contested court proceedings whilst securing a substantial financial outcome. We continued to support the client after settlement to ensure that the estate administration progressed in accordance with the agreed terms.

How Forbes Solicitors Can Help

Our specialist Contentious Probate team advises clients on a wide range of inheritance disputes, including claims under the Inheritance Act 1975, adult child claims, and cases involving disabled dependants or vulnerable beneficiaries.

If you believe you have been unfairly excluded from a Will, we can help you assess your options and the strength of any potential claim. For more information or to arrange a consultation call 0800 689 3607 to speak with a member of our team.