Contested Wills and Probate

When a Will is contested, it is possible for long and expensive legal battle to ensue. This will undoubtedly be cause for concern, and those involved may wish to explore ways to avoid what can turn into a very costly dispute. One such option is mediation, an effective way of resolving disputes which, if successful, is sure to save you time and money.

Why Might A Will Be Contested?

A Will may be contested for any number of reasons, some of the most common (and the most legitimate) of which include the following:-

Unreasonable Provision
Under the Inheritance Act 1975, dependents of the deceased who feel they have not been sufficiently provided for are entitled to contest the Will.
Undue influence
If there is any suspicion that intimidation, manipulation or deception has been wielded by a beneficiary or other third party to shape the contents of the Will, the court will consider this ‘undue influence’.
Lack of capacity
If the deceased was demonstrating a lack of capacity when drafting the Will – either due to physical or mental illness, or even due to medication – then the Will may be considered invalid.
Forgery
If a Will can be proved to be forged that it will immediately be deemed invalid. This can, however, be very difficult to prove.
Poorly drafted Wills
If a Will is not correctly drafted, it will not be legally sound. This is becoming more and more prevalent due to the increasing popularity of ‘DIY Wills’.

How Can Mediation Help?

Should a Will be contested, mediation offers feuding party’s the chance resolve their differences outside a legal environment. Not only will this help to reduce costs, but it will hopefully ensure the division between the two sides is repaired before relations are irretrievably damaged.

The process begins when a professional mediator is employed to act as an independent third party. Arrangements will then be made for each side to come together to discuss their grievances in an informal and neutral setting.

During these talks, the mediator is there to guide the conversation and monitor proceedings – they remain impartial throughout, and do not have the authority to make decisions. Instead, each side is encouraged to come to a mutually acceptable agreement on their own, preventing the need for the court to decide on their behalf.

Indeed, litigation can not only take a long time, but can be a financial burden. Mediation, on the other hand, as the advantage of:-

Being faster than litigation;
Offering cost certainty;
Maintaining confidentiality;
Using an informal setting, making it less destructive than going through the courts.

Summary

As a form of Alternative Dispute Resolution, mediation is proving to be a valuable tool of resolving disagreements that would otherwise end up in court. So if you are either challenging or defending a contested Will, you should speak to a legal expert about the possibility of mediation. A solicitor will be able to provide you with all the information you need, giving you details of the process and answering any questions you may have.