Probate Mediation in
the UK: Resolving Wills
and Inheritance Disputes
When a dispute arises over a deceased person’s estate, contested court proceedings can cost tens of thousands of pounds, take twelve to eighteen months, and cause lasting damage to family relationships. Probate mediation resolves most disputes in a single day, at a fraction of the cost, in complete confidence.
90%
SETTLEMENT RATE
6000+
MEDIATIONS CONDUCTED
100+
REVIEWS
24 YEARS
EXPERIENCE
What Is Probate Mediation?
Probate mediation is a confidential dispute resolution process in which a trained, independent mediator helps people with a disagreement over a deceased person’s estate to reach a mutually acceptable settlement.
The mediator does not take sides, does not judge who is right, and does not impose a decision. Their role is to facilitate structured conversations, help each party understand the other’s position, and guide everyone toward a practical agreement.
Probate mediation can resolve disputes over wills, intestate estates, executor conduct, inheritance claims and the distribution of specific assets. It works for families, beneficiaries, solicitors acting on behalf of parties, and executors who are themselves in dispute.
The process is voluntary, confidential and without prejudice. Anything said in mediation cannot be used in court proceedings if the mediation does not result in settlement. If agreement is reached, it is recorded in writing and is legally binding.
1 day
Most mediations resolve in a single day
14 days
Typical time to first appointment
Legally binding
Settlement agreement signed on the day
Common Types of Wills and
Probate Disputes We Mediate
Probate disputes arise in many forms. The following are the most common types we resolve through mediation.
Undue Influence Claims
Where a beneficiary alleges the deceased was pressured into changing the terms of their will, mediation allows parties to weigh the evidence and reach a realistic settlement without a contested hearing.
Executor Disputes
Disputes between executors, or between an executor and a beneficiary, are among the most common probate conflicts, including allegations of delay, acting outside powers, or failing to account for assets.
Inheritance Act Claims
Under the Inheritance (Provision for Family and Dependants) Act 1975, spouses, children and financial dependants can claim against an estate. Mediation is widely used to settle these claims before they reach court.
Property and Asset Distribution
Disputes over who receives specific assets, including property, savings, jewellery and personal possessions, can be resolved without needing to sell assets prematurely or apply to court for a ruling.
Intestacy Disputes
When a person dies without a will, the intestacy rules do not always reflect the wishes of the deceased or the expectations of those left behind. Mediation provides a space to negotiate a fair outcome all parties can accept.
Contested Will Validity
Challenges to a will's validity on grounds of testamentary capacity, fraud or want of knowledge can be addressed in mediation, giving parties control over the outcome rather than leaving the decision to a judge.
Is Probate Mediation Right for Your Situation?
Probate mediation is suitable in the vast majority of estate disputes. It is particularly well-suited where:
- Well-suited when
- Parties wish to preserve family relationships alongside resolving the dispute
- The cost of litigation would significantly reduce the value of the estate
- A private and confidential process is important to those involved
- The dispute involves emotionally complex issues a court is ill-equipped to address
- A solicitor has recommended exploring alternative dispute resolution first
- Parties are in different parts of the UK or overseas
- Less suitable when
- There are active safeguarding concerns relating to one of the parties
- One party categorically refuses to engage in any dialogue
- An urgent court order is required, such as a freezing injunction over estate assets
How Probate Mediation Works: The Process
Probate mediation follows a clear, structured process. It can take place in person at a neutral venue or online via Zoom. We can typically arrange a mediation within 14 days of first contact.
1 Initial Enquiry and Assessment
Contact us by phone or email. One of our team will speak with you to understand the nature of the dispute, who is involved and whether mediation is appropriate. There is no charge for this initial assessment and no obligation to proceed.
2 Pre-Mediation Preparation
Once all parties have agreed to mediate, each side prepares a position statement setting out their view of the dispute and what they are seeking. Relevant documents, including wills, valuations, bank statements and correspondence, are shared in advance. The venue, format and any practical requirements are agreed.
3 The Mediation Day
The accredited mediator facilitates structured discussions. Sessions may be conducted jointly, with all parties together, or in separate rooms in caucus style, depending on the nature of the dispute. The mediator meets with each side privately as well as bringing everyone together at key moments. Most probate mediations resolve within one day.
4 Settlement and Agreement
If agreement is reached, the terms are written up and signed by all parties before anyone leaves. This written agreement is legally binding. Solicitors on both sides are typically involved in finalising any formal legal documents. If no agreement is reached The process remains confidential and without prejudice. Parties can still proceed to court if they choose. In practice, the great majority of probate mediations result in a full or partial settlement on the day.
Probate Mediation vs Contested Court Proceedings
Before deciding how to resolve a probate dispute, it is worth understanding the concrete difference in time and cost between the two routes.
Timeline Comparison
| Probate Mediation | Contested Probate Through Court | |
|---|---|---|
| Time to first appointment | Within 14 days depending upon your availability | Months, subject to court listing |
| Time to resolution | 1 day in most cases | 12 to 18 months on average |
| Process | Private, flexible, party-led | Public, adversarial, judge-led |
| Family relationships | Collaborative, can preserve relationships | Adversarial, typically damaging |
| Outcome | Agreed by all parties | Imposed by the court |
Cost Comparison
| Probate Mediation | Contested Probate Through Court | |
|---|---|---|
| Mediator fees | £1,000–£2,500 per day (split between parties) | Not applicable |
| Solicitor fees | Reduced: preparation and day attendance only | £10,000–£50,000+ per party |
| Court fees | None | £528 to issue, plus hearing fees |
| Expert witnesses | Rarely required | Often required |
| Estimated total (all parties) | £2,000–£5,000 | £20,000–£100,000+ |
Our Accredited Probate Mediators
All of our mediators are accredited through recognised professional bodies and carry substantial experience in probate, inheritance and family estate disputes.
Harvinder Singh Bhurji
LLB (HONS), QDR(M), MCIARB. MCMI, CTLLS
Director, International Commercial and Workplace Mediator and Trainer
Mediating since 2002, accredited through CEDR, the Academy of Experts, the ADR Group and UK Mediation. Over 24 years of mediation experience, with more than 2,000 mediations conducted and a 90% success rate. Has mediated every type of commercial, workplace, boundary and family dispute. CIArb mediation assessor and trainer since 2007. RICS neighbour dispute specialist panel member since 2008. Head of Mediation Training at ADR Group from 2018 to 2020. English and Punjabi speaker.
Jane
Walmsley
BA, LLB, LLM, MCIARB, UKCP, MBACP
Commercial & Workplace Mediator & psychotherapist
1998 CEDR & ADR Group Accredited Mediator. 28 years experience, CIArb & RICS mediation trainer & assessor. Coach since 1987. Specialisms racial discrimination, unfair & constructive dismissal, bullying. Property, probate, family businesses, construction, professional negligence. Director, partnerships, business, joint venture, debt, employment.
JULIAN
RENDALL
LLM, MCIARB, FMCA, MIAM’s PPC Supervisor
Commercial, Family & Workplace mediator
2007 ADR Group Accredited Mediator. 19 years mediation experience. Family MIAMS & workplace accredited mediator. Specialisms, probate, landlord / tenant, boundary, partnership, building, contract, insurance, professional negligence, family & workplace disputes.
Case Studies: Probate Disputes We Have Resolved
Inheritance Fraud and Misappropriation of Estate
Referred by Rees Page Solicitors, Wolverhampton
An acrimonious estate claim between family members involving allegations of fraud, theft and misappropriation of the estate. A loan had not been repaid but was being claimed out of the estate, in effect resulting in double counting. A car and gold had also gone missing. The total claim was approximately £70,000.
The mediation took place in person and lasted just over four hours. The dispute was fully resolved on the day.
Intestacy Dispute and Allegation of Fraudulent Distribution
Referred by Simpson Millar Solicitors, Leeds
An elderly Sikh mother died intestate without leaving a will. Two of her sons disputed how the estate had been distributed by the younger son. There were allegations of fraud and concerns that a specific bank account holding £42,000 contained less than it should. It was also alleged that the older son held gold jewellery, which the younger son used to justify paying him a smaller share of the estate.
The mediation took place in person, lasted six hours and settled in full.
Contested Will on Grounds of Testamentary Capacity
Inheritance Act Claim, Estate Value Approximately £4,277,000
The claimant was named executor in the final will of her late mother, under which all assets passed to her alone. The three defendant siblings, who would have benefited more substantially under an earlier will, claimed their mother lacked testamentary capacity at the time the final will was executed.
Mediation provided a private forum to weigh the evidence, assess litigation risk and reach a settlement without a contested hearing. Read the full case study.
What Our Clients Say
We have over 100 genuine five-star reviews from clients and the solicitors who have referred cases to us.
Mukesh Murria
Paul Clarke
Book Your Probate Mediation Consultation
If you have a probate, wills or inheritance dispute and want to explore whether mediation can help, contact us for a free, no-obligation consultation. We will advise you on whether mediation is suitable for your situation and explain the next steps.
We can arrange mediation within 14 days of first contact. Sessions take place in person at a venue of your choice or online via Zoom.
Call free on 0800 246 1218 (100% confidential, no obligation)
For families who cannot meet in person, or where parties are in different parts of the UK, online mediation is available here.