Wills Dispute Resolution Solicitors

Court litigation may be necessary to resolve your dispute, but it is not the only way. Our experts will advise you on all the alternatives to contested court proceedings including mediation.

We will listen to and work with you to find the best way forward. Our experienced lawyers will not lose sight of the emotional impact that the involvement of lawyers can have, especially in cases that can challenge family relationships. Our team can help you resolve disputes sensitively and cost-effectively in a supported environment.

Alternative Dispute Resolution

Non court dispute resolution options – often called Alternative Dispute Resolution (ADR)- include:

Settlement meetings
Mediation
Early Neutral Evaluation
Solicitor negotiation and correspondence

There is always an opportunity for the parties to explore Alternative Dispute Resolution (ADR) before the costs of Court proceedings are incurred. This is also expected of the parties by the Court.

ADR methods can include informal settlement meetings (with or without lawyers in attendance) or a more formal mediation, both of which can resolve the dispute at an early stage. If neither of these are feasible or possible, the matter might be capable of being settled in correspondence or the parties can jointly seek an objective assessment of the strengths and weaknesses of the parties’ cases through early neutral evaluation, which can be a useful mechanism for the purposes of negotiations.

Pre-Action Conduct

The parties to a potential dispute will be expected to engage in pre-action conduct before Court proceedings are commenced.

This will include both parties complying with disclosure obligations by exchanging information and documentation at an early stage. This can assist the parties in understanding their respective cases and narrowing the issues in dispute.

It is also helpful to exchange evidence early, including any expert evidence, which may assist in achieving a cost effective resolution to the matter before Court proceedings.

Legal cost implications

If a party does refuse to engage in ADR, there can be significant consequences.

The costs of the proceedings are ultimately within the discretion of the Court. Usually, the losing party will pay the winning party’s costs, though there are some circumstances in which costs can be paid out of the estate. However, when deciding who is to pay the costs of the proceedings the Court will take into account the conduct of the parties throughout, which will include to what extent they have engaged in ADR.

If one party has refused to engage, they may be penalised heavily in costs, paying not only their own costs but also the opponent’s costs, irrespective of whether they win or lose.

Funding options

It can be possible to obtain insurance to protect against being ordered to pay another party’s costs or obtain third party funding to pay legal fees as they are incurred.

Conditional Fee Agreements

You may be able to obtain some form of Conditional Fee Agreement (otherwise known as a CFA or ‘no win no fee’ agreement), where payment of your legal fees is contingent upon a successful outcome (including settlement). If you are successful, you would again be expected to pay a proportion of your recovered monies to the firm providing the CFA.

We will discuss with you whether the likely outcome of the case will justify the likely risk/expense that you will run in pursuing the case.

Frequently asked questions

Do I have to go to court?

No, there are a number of options available to the parties to settle any dispute without the need for Court proceedings. We will discuss the best options for your situation with you.
What is mediation and how does mediation work for a disputed wills/probate/Inheritance Act Claim?

Mediation will typically involve the parties attending a meeting, physically or remotely, to try and settle the matter. It would usually include the parties, their instructed legal representatives and an independent third party known as the mediator. There can be an initial joint meeting or the parties can elect to spend the day separately. The mediator will go back and forth between the parties trying to find common ground to settle the dispute and transferring messages/offers of settlement between the parties. Mediations often end successfully with the parties signing a settlement agreement and the matter concluding on the day.
What happens if I don’t agree to go to mediation or if I don’t negotiate?

If a party does refuse to engage in Alternative Dispute Resolution, there can be quite significant consequences. The costs of the proceedings are ultimately within the discretion of the Court. Usually, the losing party will pay the winning party’s costs, though there are some circumstances in which costs can be paid out of the estate.

However, when deciding who is to pay the costs of the proceedings the Court will take into account the conduct of the parties throughout, which will include to what extent they have engaged in ADR. If one party has refused to engage, they may be penalised heavily in costs, paying not only their own costs but also the opponent’s costs, irrespective of whether they win or lose.
Who pays the legal costs?

A will dispute can be settled before proceedings are issued or at any time prior to a final hearing. If the dispute is not settled and the matter proceeds to a final hearing then the court will decide how costs are to be paid. An assessment at court will determine the level of the bill to be paid and who should pay those costs. The normal rules are that the unsuccessful party would pay the successful party’s costs. We would provide you with a detailed costs estimate so that you know how much the legal costs are likely to be from the outset.

In appropriate cases we can work under deferred fee arrangements or conditional fee agreements (no win no fee). We also have good connections with litigation funders who could consider whether they would be prepared to provide funding for your claim. We have full flexibility with our fee structures to make sure that you can choose the most appropriate fee structure that would work for you.