The death of a loved one is a very difficult time and siblings can often have very different views around provisions in a will for asset division. These disputes can erupt into expensive and lengthy court battles.

Of course, estate planning can address many potential issues. Families can also have open conversations, make lists, hold a lottery, tag or gift items ahead of time, and similar. These might be awkward and unpleasant to think about, but a much better way to preserve relationships and protect estate assets for future generations.

While death is a certainty for all of us, it can sometimes be sudden, or preparations not made or left incomplete or even ambiguous.

When a serious dispute arises or a significant asset is in dispute, mediation can help to bring all interested family members together to work towards consensus.

Mediation is mandated in estate litigation in NSW, but parties are able to undertake it themselves, prior to considering court proceedings.

Avoiding court will also guarantee more to share in the long run. Win/win!