Contested probate can involve all sorts of claims, each one being dealt with individually on our website under various sub headings.The areas we have expertise in for include; Inheritance Act claims,
Proprietary Estoppel, general succession disputes, breach of trustees’ duties, removal of Executors and/or Trustees, inter faith and generational disputes, and
claims affecting farming partnerships and agricultural land. I have been a solicitor specialising in these cases for over 12 years. I am ACTAPS qualified and have settled many cases at mediation as well as ran many of these cases to trial. I have now mediated dozens of these cases and understand the emotional aspects as well as the commercial aspects of the disputes. I help the parties move forward, cuts through the issues and allows perspective and focus on what matters which is resolving the dispute and moving on.
I have been described as making parties feel “instantly at ease” in what is a very stressful situation, my “guidance is firm but friendly” and I “understand the complexities involved in bridging seemingly unbridgeable gaps”. “In the most emotional of circumstances, I have been able to navigate a smooth path to an amicable resolution keeping all parties on board.” I have been described as “marvellous in [my] sensitive approach to clients, the dispute itself and its resolution.”
The main issue that springs to most people’s mind for contested probate is to contest or challenge a will after someone has died. It may be challenged on the grounds of due execution, validity, undue influence or lack of knowledge and approval of its terms. It also includes challenging the conduct of an executor, investigating the administration of an estate and other issues relating to inheritance.
Challenging a will or the administration of an estate and bringing a claim to do so is an extremely emotional and stressful time for all involved. Usually the parties are well known to each other, if not family members and with this comes significant emotion, principle and the need to be heard. Litigation is not designed to deal with these issues. Given the dynamics of these disputes, the costs associated with them are significant and only seek to reduce the size of the estate and everyone’s ultimate entitlement, one way or another.
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.
