We deal with contested wills, Inheritance Act claims, disputes between executors and beneficiaries, challenges to mental capacity, allegations of undue influence, disputed lifetime gifts, trust and estate conflicts, delays in administration, and cases involving overseas assets or family businesses. ADR may also be suitable for disputes involving alleged negligent drafting or execution of documents such as wills, trust deeds, or codicils.
Disputes about wills, trusts, or inheritance are among the most emotionally charged conflicts families face. They often arise at a time of grief, when communication is already strained, and involve deeply personal questions about fairness, trust, and family intentions.
Disagreements may concern what the deceased really intended, how the estate is being managed, or whether a will or trust is valid, in turn raising issues surrounding capacity, undue influence and even coercion.
Court proceedings are possible but can take years, incur significant costs, and often deepen family divisions. Many families now turn to Alternative Dispute Resolution (ADR) as a speedier, less polarising, private and cost-effective way forward.
Mediation provides a private, confidential setting in which families can discuss sensitive issues and reach resolution more quickly, often preserving family relationships in the process.
For particularly complex cases, Early Neutral Evaluation (ENE) can offer an impartial expert view on likely outcomes, and Expert Determination can be used to decide discrete technical questions such as asset valuation.
In their day-to-day litigation practices, barristers in the Trinity ADR team advise and represent executors, trustees, beneficiaries, and family members who believe they have been treated unfairly or excluded in a wide range of contentious probate situations.
The Trinity ADR team is made up of accredited mediators helping clients resolve inheritance, probate, and trust disputes of all kinds, including cases involving issues of capacity, undue influence, and disputed lifetime gifts, as well as multi-jurisdictional estates and family business succession conflicts. We understand the legal, financial, and emotional dimensions of these matters, providing calm, impartial guidance every step of the way.
Some disputes require urgent action, for example, preventing assets from being sold or distributed before matters are resolved. Others may take longer, particularly where questions arise about capacity, undue influence, or the interpretation of trust documents. Whatever the situation, Trinity ADR’s role is to provide independent, balanced advice and guide families towards fair, workable outcomes that help them move forward with their lives.
Wills, Probate & Inheritance - FAQs
What types of wills, probate and inheritance disputes are suitable for ADR?
Why should ADR be considered in contentious probate disputes?
These disagreements often arise during periods of grief, are highly emotionally charged, and involve questions of fairness, family intentions, and trust. Issues such as capacity, undue influence, or the validity of a will can heighten tension and make communication challenging. Mediation provides a private and calm setting for sensitive discussions, allowing families to reach practical agreements more quickly and with less confrontation, often helping to preserve or rebuild relationships. Most inheritance-related claims are suitable for ADR, and exploring this option before going to Court is encouraged under the Civil Procedure Rules’ Pre-Action Protocols.
What other ADR options are available besides mediation in contentious probate disputes?
Early Neutral Evaluation gives an independent view on the likely outcome of a dispute, helping parties make informed decisions. Expert Determination can be used to resolve technical issues, such as valuations or specific points of interpretation within trusts.
Can urgent contentious probate issues be dealt with through ADR?
Yes. Working with executors, trustees, beneficiaries and family members who believe they have been treated unfairly or excluded, ADR can be used to quickly reach a resolution, for example, to prevent assets being sold or distributed until issues are resolved.
ADR is also suitable for unlocking impasses in longer running disputes such as issues surrounding capacity, professional negligence in drafting, interpretation of trust documents, complex estate administration, undue influence, lifetime gifts, cross-border estates and business succession.
How do I find out more about ADR?
Get in touch with the Trinity ADR team who will have a confidential and no obligation discussion about the dispute to be resolved, and we’ll explore the best options.
Trinity ADR
Get in touch for a free, no-obligation consultation to explore your options and determine whether ADR is appropriate for resolving your dispute, with the option to meet remotely via video conference.