1975 Act claims

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.

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.

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.

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.

LITIGATION PUTS GRIEVING FOR THE DECEASED ON HOLD ONLY INCREASING EMOTIONS. MEDIATION CAN BRING A QUICK END TO MATTERS ALLOWING PARTIES TO GRIEVE

What does Concentus bring to the table?

As a solicitor with over a decade of experience in these claims, Sam has specific expertise in these claims having worked with many of the leading barristers and QC’s who have ran these matters to trial and have been involved in the leading cases on this issue. Sam has now mediated many of these disputes herself as she understands the nuances of the cases and the emotional dynamics that drive the cases.

Sam has been praised for mediating bitter disputes that involve significant emotion and private matters, she has recently being described as combing “a first class legal brain with tons of emotional intelligence – an excellent mediator all round.”

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Concentus is a trading name of Probate Dispute Resolution Limited and is registered in England and Wales with company registration no. 10398608. Our registered office address is Acklam Hall, Hall Drive, Middlesbrough, TS5 7DY.