Wills, Probate and Trusts Mediation

Call our friendly clerks on 01274 754000  or email clerks@NDR-UK.com to see how we can help

Some of the areas we have covered;

  • claims under the inheritance (Provision for Family and Dependents) Act 1975
  • allegations of undue influence and fraud in inter vivos and testamentary dispositions
  • allegations of invalid procedure or fraud
  • allegations regarding testamentary capacity
  • negligent drafting of wills
  • disputes as to the validity of alternative wills or codicils

About our contested probate service

Making a will often brings a sense of long term security knowing that your loved ones know exactly what to do if the worst should happen. However it is far from unusual for challenges to be brought agaisn’t how an estate is distributed, regardless of whether a will is in place or not. Sadly out of necessity these challenges are often brought at the worst possible time, when families are already suffering the loss of their loved one. 

In these circumstances, legal costs can be significant. The costs often reduce the estate to the extent that little is left for distribution and proceedings can be drawn out. All of this places significant extra strain on families at a time when other matters need urgent attention. It is also not unusual for parties to explain that their application goes beyond the money. Either they simply wish to uphold the choices their loved one made and so oppose the challenge or they feel that a will is unjust given the care they gave or the lack given by others. These are of course just some of the difficulties we hear raised by parties. 

What we are told is that parties wish more than just the distribution of money that the Court can order, they want a fair distribution of assets. They often also want to hear the other side accept the role they played or to discuss the way things happened before they can move on. For this reason Court is unlikely to be able to give the ‘justice’ that they want. 

In mediation we move beyond the pure legal facts. We explore what happened and what can be done. We create agreements and solutions that offer what each party wants and needs, leaving all parties satisfied that the outcome was the right one. 

More than this we offer the above faster than going through the Courts, one of our recent cases had been with the parties solicitors for 4 years at the time of mediation. The case settled within a day, albeit that the parties stayed till 7pm with the mediator. What was more the parties were happy and walked away with answers that they had asked for all along. 

As well as time, we save money. It costs far less to proceed through mediation than it does to take a case through to final hearing, lower costs preserving as much of the estate as possible. After all your loved one wanted you to have their hard earned money, not us lawyers. 

Why use NDR?

What we would call Private Client Law is the heart of National Dispute Resolution. We have a first class reputation for our Inheritance, Trust and Court of Protection work as well as our services to businesses and investment concerns. 

With a panel of mediators who primarily practice in this area and a market leading clerking and support team behind them your case is in safe hands throughout. 

NDR is commonly instructed to mediate estates in the millions of pounds upwards, but no matter the size of the estate whether it is £40 million or £40 thousand the situation and our quality of service is the same. You couldn’t be in safer hands that with NDR.

What is mediation?

Mediation is an effective method of resolving disputes between two or more parties where those parties can take control of the dispute and its outcome. The mediator, a neutral independent qualified professional, assists all the sides in negotiating a mutually agreeable settlement. 

Participation in mediation is voluntary and the process is private and confidential, it brings structure and importantly statistics show that 90% of mediations result in a settlement desired by each party to the dispute. 

Mediation takes place on a single day and we can arrange a mediation within 28 days of referral compared to the delays of months faced by court proceedings.

What will happen on the day?

The mediator will start the day by reminding each party of the ground rules, following which the process will be flexible responding to the needs of the parties present and the dispute in question. 

The mediator will spend time with the parties individually in their private rooms, known as caucus, gaining an understanding of their position and working with the parties to reach a resolution. This will include asking parties to look at the strengths and weaknesses of your position and to consider what a court and the other party is likely to say in response to your case. The mediator will work with the parties to consider possible solutions that work for your and will communicate offers to each party helping them understand what the offer means to them. 

The mediator may spend time directly with the lawyers, if they are present, to discuss points of legal dispute. This is again voluntary and will only take place where you agree. Remember that all meetings are confidential and no information will be shared with anyone, including the other party and the court without your express permission. 

Once an agreement is reached then the parties’ legal advisers will draw up an agreement reflecting the terms. If the parties are not represented then they will draw up an agreement between them to reflect the terms reached. 

Our Fees

Areas we cover

  • claims under the inheritance (Provision for Family and Dependents) Act 1975
  • allegations of undue influence and fraud in inter vivos and testamentary dispositions
  • allegations of invalid procedure or fraud
  • allegations regarding testamentary capacity
  • negligent drafting of wills
  • disputes as to the validity of alternative wills or codicils

Testimonials

OPG Referral
Attorney
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The mediator has finally allowed us to put this matter to bed. Time will tell if it lasts, but its a very good start.
CoP Mediation
Family Member
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I have spent so long feeling like I am fighting alone. I was suprised to see how much the other people in this case actually care about (P) too. People should be made to do this.
CoP Mediation
Attorney
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They don't tell you everything you need to know when you sign up to this. This was the first time we could sit down and actually ask questions about what we should and shouldn't do.
OPG Referral
Deputy
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I am just glad that this matter has been put to bed and want to thank you for the time and effort that you put into this. You went above and beyond.
CoP mediation
Sibling of P
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You achieved the impossible
CoP mediation
Family member
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We didn't expect this to settle so it wasn't a suprise when it didn't. That said I actually feel so much better that we tried all that we could and I am happy that we reached agreement on what we could. Overall whilst where not there yet, we are in a better position than we were and want to thank you for what you did.
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Our accreditation

National Dispute Resolution is accredited by the Civil Mediation Council (CMC) as a mediation provider in the UK.

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+44 1274 754 000  or  Clerks@NDR-UK.com

 

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