What estate mediation covers
Estate mediation can address any dispute arising from a will or estate, including:
- Family provision claims — where a family member seeks greater provision from the estate than the will allows
- Executor disputes — challenges to an executor's conduct, decisions, or removal
- Beneficiary disputes — disagreements between beneficiaries about asset distribution, property values, or allocation of specific assets
- Will validity disputes — where the validity of the will is questioned on grounds such as testamentary capacity or undue influence
- Trust and estate administration disputes — disputes about how a testamentary trust is being administered
How does estate mediation work?
Estate mediation follows a similar process to commercial mediation. The mediator meets separately with each party (executor/estate, claimants, and any other beneficiaries) before or during the session, understands each party's position and interests, and facilitates negotiation. Sessions typically run for a full day.
Where the estate includes real property or business assets, current valuations are essential — parties should obtain independent valuations before the session to avoid valuation disputes becoming the obstacle to settlement.
Who attends estate mediation?
Typically: the executor (or administrator), the claimant(s), their legal representatives, and the mediator. Where there are multiple beneficiaries, all may need to attend — or appoint one person with authority to settle on behalf of their group. If the estate includes a trustee company or public trustee, a representative with genuine settlement authority must attend.
Is estate mediation confidential?
Yes — estate mediation is confidential. What is said and offered during the session cannot be used in subsequent court proceedings. The settlement agreement itself is binding and enforceable. See our full guide to estate dispute mediation.
When do courts refer estate matters to mediation?
In New South Wales, most family provision matters filed in the Supreme Court are referred to mediation before a hearing is listed. In Victoria and Queensland, courts similarly encourage or order mediation in contested estate matters. See: when should an estate dispute go to mediation?
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