What types of will and estate disputes suit mediation?
- Family provision claims (where a family member believes they were inadequately provided for in a will)
- Disputes about the validity of a will (undue influence, testamentary capacity)
- Disputes about the proper construction or interpretation of a will
- Executor disputes — challenges to an executor's conduct or decision-making
- Disputes between beneficiaries about asset distribution or valuation
Is mediation required before estate litigation?
In New South Wales, Victoria, and Queensland, courts routinely order estate disputes to mediation before a contested hearing is listed. In NSW, family provision matters filed in the Supreme Court are almost invariably referred to mediation at an early stage. Parties who proceed to hearing without attempting mediation may face adverse cost orders.
Family provision claims
Family provision claims — brought under the Succession Act 2006 (NSW), Administration and Probate Act 1958 (Vic), or equivalent state legislation — are among the most commonly mediated estate disputes. The mediator helps the parties (the estate executor or administrator, and the claimant) explore the merits of the claim, the assets available, and an appropriate provision without a contested hearing.
Advantages of mediating estate disputes
- Cost — contested estate litigation can cost $100,000–$300,000+ in legal fees. These costs are often paid from the estate, reducing what beneficiaries receive. Mediation costs a fraction of this.
- Speed — estate litigation commonly takes two to four years. Mediation can resolve matters in one to two sessions.
- Family relationships — adversarial proceedings permanently damage family relationships. Mediation creates space for constructive dialogue.
- Estate preservation — the longer a contested estate is in dispute, the more it costs in ongoing legal and administration fees. Resolution through mediation stops the clock.
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