Mediation

for Probate Disputes

We help resolve probate disputes, contested wills, and inheritance claims. Let our experienced team of mediators help you find a peaceful and fair resolution.

How do probate disputes arise?

Losing a loved one is never easy — and it can become even more difficult when questions or disagreements arise over their will or estate. Probate disputes often happen when a will is unclear, unexpected, or missing altogether.

Common reasons for probate disputes include:

  • Confusion over what the will says — or whether it’s valid

  • Family members feeling left out or treated unfairly

  • No will being left, making it unclear how the estate should be shared

  • Concerns about how the estate is being managed

Because many people don’t share the details of their will before they pass, there’s often no chance to ask questions or clear up misunderstandings — which can lead to conflict at a time when families need support the most.

If you’re facing a probate dispute, our team of experienced mediators can help guide you with care, impartiality and compassion.

Speak to a specialist probate mediator today
mediation probate disputes

Contentious probate or challenging a Will?

If you’re considering taking legal action after a loved one’s death, it’s important to first understand whether you’re challenging the validity of the will itself, or disputing how the estate is being managed or distributed.

Challenging validity of a will

This means you believe the will is not legally valid. Common grounds for this include:

  • Lack of mental capacity – the person who made the will wasn’t of sound mind at the time
  • Undue influence – someone pressured or manipulated them into writing the will
  • Fraud – the will was forged, or the person was deceived
  • Mistake – an error in the will makes it invalid

If the will is successfully challenged and found invalid, the estate is usually distributed according to the standard rules of the inheritance act (often to next of kin).

Contentious Probate

In other cases, the will may be legally valid – but disputes arise over the way it’s being carried out. This might include:

  • Belief that the will is unfair or doesn’t reflect the true wishes of the deceased
  • Concerns about how executors are managing or dividing the estate

These types of disputes fall under contentious probate, and they often require legal intervention to resolve.

This is a complex area of law, and it’s important to seek legal advice as early as possible.

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Probate Mediation Process

1. Attend with your legal representative

Each party involved in the inheritance or will dispute attends the mediation alongside their legal advisor. This ensures you have expert guidance and support throughout the process.

2. Prepare important documents

Before the day of mediation, gather all relevant documents — such as the will, any valuations, financial records, or correspondence related to the estate. Being well-prepared helps everyone engage in meaningful discussions.

3. Separate rooms for each party

You won’t have to sit face-to-face with the other person(s) in the dispute. Instead, each side has their own private room, which allows for calm, focused conversations with your legal team.

The mediator will move back and forth between the rooms, sharing proposals, listening to concerns, and helping both sides explore possible outcomes. This process is completely confidential and impartial.

3. Dispute resolution in one day

Probate mediations typically take place over one day. The goal is to reach a fair and respectful agreement that avoids the need for lengthy and costly court proceedings.

Speak to a specialist probate mediator today

How can mediation resolve probate disputes?

Probate Mediation helps to ensure these disputes are resolved as quickly as possible so as to cause minimum distress to those involved and ‘do the right thing’ with the deceased’s estate.

A contested probate dispute can take years to resolve through the court process, leaving some beneficiaries destitute in the meantime.  During this time, loved ones cannot complete the grieving process and find closure. 

Not only is this a complex area of law, it’s a highly emotive one too.  Deciphering the wishes and feelings of a deceased loved one or trying to determine their logic in the aftermath of their passing, will undoubtedly lead to discussions fuelled by hurt, fear and frustration.  In time this can lead to family feuds spanning not just lifetimes, but generations.

How can Crowther Mediation help?

At Crowther Mediation our mediators have developed a reputation for expertise in the area.  We are dual qualified as civil mediators and family mediators making us uniquely placed to navigate the sensitive issues facing families in probate disputes

Our mediators can help to:

  • find resolution
  • salvage relationships 
  • save costs
  • find peace

Whilst legal advice is an essential element of the mediation process, to help parties have an understanding of the strength and weaknesses of their case, any good solicitor in this field knows referring the matter to mediation as earl as possible could be hugely beneficial to their clients.

Start your conversation
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