Disputes involving wills, estates and inheritance can be legally complex and emotionally difficult. Mediation provides families, beneficiaries, executors and their advisers with a confidential process for addressing disagreements and exploring resolution without allowing the dispute to become more damaging or prolonged.
Inheritance disputes can affect both estates and relationships
Probate and inheritance disputes often arise at a difficult time.
​
Questions about a will, the administration of an estate, financial provision or the intentions of the deceased can quickly become intertwined with family history, expectations and strained relationships.
​
Once positions become entrenched, the dispute can place further pressure on everyone involved and reduce the value of the estate through ongoing legal costs.
​
Mediation provides an independent setting in which the parties can consider the issues more constructively. It allows legal and financial concerns to be discussed alongside the practical and personal factors that may be influencing the dispute.
​
The mediator does not impose a decision. The parties remain in control of whether an agreement is reached and what any settlement should look like.
When should you consider mediation?
Mediation can be considered at almost any stage of a probate or inheritance dispute.
However, early intervention can be particularly valuable where communication is deteriorating or legal costs are beginning to increase.
​
Mediation may be appropriate when:
-
Family discussions have broken down
-
Beneficiaries disagree about the estate
-
Concerns have arisen about an executor or administrator
-
A claim against the estate is being considered
-
Solicitors have become involved
-
Court proceedings have been threatened or commenced
-
The dispute is affecting wider family relationships
-
The value of the estate risks being eroded by continuing litigation
The parties do not need to agree on the legal issues before mediation takes place.
​
Indeed, mediation can be especially useful where there are strongly opposing views about entitlement, responsibility or what the deceased intended.
Why work with Essat Mediation?
Faizal Essat FCILEx brings more than 35 years of experience in dispute resolution, advocacy, legal practice and governance to his work as a mediator.
​
His extensive legal and dispute-resolution background enables him to work confidently with cases involving competing legal positions, financial interests and sensitive personal relationships.
​
As an accredited civil and commercial mediator, Faizal provides a calm, impartial and structured process in which the parties and their advisers can consider the issues, assess risk and explore realistic options for resolution.
​
He understands that probate and inheritance disputes can carry a significant emotional dimension as well as legal and financial consequences.
​
The focus is therefore on creating a process in which difficult issues can be addressed respectfully while keeping attention on practical resolution and the decisions that need to be made.