Deceased Estate Mediation
Assisting parties to identify options and negotiate an agreement to resolve disputes.
DECEASED ESTATE MEDIATION SERVICES
How do I dispute a deceased estate?
There are legal rules around how and when an interested party can bring a family provision claim or commence proceedings on other grounds regarding a deceased estate. We do not provide advice about this.
However, if you need help to work out a fairer or more appropriate distribution of the deceased estate assets, we can assist by conducting a deceased estate mediation.
If so, please remember that deceased estate mediation, like other forms of mediation, is completely confidential but also voluntary. As such, all interested parties need to agree to particiapate (unless and until court proceedings are commenced, when it becomes a madated part of the court process).
For further information about the process please visit our ‘What is Mediation‘ page.
Who can make a claim on a deceased estate?
Generally, a spouse or partner, a natural or adopted child, parents, brothers, sisters, and divorced spouses. Sometimes family members make a claim for reasons such as duress, undue influence or capacity issues relating to the deceased’s will.
You will need legal advice if you wish to make a formal claim on a deceased estate.
Why do siblings fight over their inheritance?
Usually, siblings fight over inequality, either about the distribution of assets or control over the estate. While experts recommend dividing assets equally to avoid these resentments, sometimes there are reasons why this had not happened – eg. gifts made during the deceased’s lifetime and so on.
Do you have to settle in deceased estate mediation?
No. Mediators do not force parties to settle. Mediation helps work with the parties to reach a compromise before going to trial, either once proceedings have started or before they are contemplated.
What are the disadvantages of deceased estate mediation?
The only disadvantage is that the parties may not be able to reach agreement and will end up in Court. Mediation is part of the court process in probate disputes, so the effort will not be lost.
What happens if we can’t reach agreement?
If you don’t agree at mediation, you may need to commence or continue the legal proceedings and having a final hearing in Court. This will give all interested parties the opportunity to present your evidence and have a judge make a decision about the outcome.
Can the court overturn deceased estate mediation agreements?
Absolutely. But usually, this only happens if the agreement is reached by fraud or duress.