The Inheritance (Provision for Family and Dependants) Act 1975 is in place to protect spouses, children, co-habitants and dependants and allows, in certain circumstances, the ability to bring a claim against the Deceased's estate if they have not received provision. Mediation is well suited to resolving these claims without the need for incurring significant legal fees and issuing proceedings within the tight timescale imposed by the 1975 Act.
Inheritance Act claims are on the rise. If the Deceased has failed to make any provision for somebody whom the 1975 Act is designed to protect then they may have a claim under the 1975 Act for reasonable provision in certain circumstances. This means that in an ever changing world of second families, carers, step children, cohabiting partners and all those in between, disputes following somebody's death are no longer a rare occurrence. Claims under the 1975 Act bring uncertainty, distress and high emotions which a court process significantly amplifies. The discretion available to the court in these cases, means that the outcome can be uncertain for everyone involved. Mediation allows private discussions of sensitive issues and creativity to resolve the matters and allow families to move forward.
ALTHOUGH THE DECEASED HAD FREEDOM OF TESTIMENTARY PROVISION THE 1975 ACT IS THERE TO PROTECT A SMALL GROUP OF PEOPLE FOR WHOM THE DECEASED SHOULD HAVE PROVIDED FOR IN CERTAIN CIRCUMSTANCES.
Why is mediation a suitable form of dispute resolution?
Mediation allows parties to be heard, it allows parties to speak about and consider the emotional issues that drive these cases and then consider the commercial reality of sorting the matter out. These cases can become extremely hostile and expensive very quickly and litigation only seeks to increase hostility.
Mediation allows the parties to embark upon the requisite emotional journey as well as dealing with the issues and focusing on a workable outcome. Parties can look at creative solutions to deal with all issues between them allowing everyone to move on.
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