The importance of mediation in Inheritance Act claims

When it comes to Inheritance Act claims, what role can mediation play and what is the court’s approach?

Claims made under the Inheritance (Provision for Family and Dependants) Act 1975 are often very personal and sensitive. They usually come from close family members or people who relied on the person who died, and who feel they haven’t been left enough money or support in the will. They therefore bring a claim for “reasonable financial provision.” Inheritance Act claims are based on need, so the people bringing them are often struggling financially.

Because of this, it’s important to try and settle these disputes early on, before legal costs get out of hand. Even if a person wins their case, they usually won’t get back all of their legal costs – only about two-thirds – so going to court can still leave them out of pocket.

Why is mediation so valuable in Inheritance Act claims?

Mediation (a form of Alternative Dispute Resolution, or ADR) is a way to resolve disputes without going to court. It’s a valuable tool for encouraging early settlement, avoiding litigation and preserving the value of an estate.

Mediation brings everyone together in a confidential forum to explore possible solutions and, often with the help of a trained mediator, to try and reach an agreement. In summary, mediation can:

• help to avoid long and expensive legal battles
• help you to find creative and flexible solutions that a judge wouldn’t be allowed to order
• be private, quicker, and less stressful than court
• help families preserve relationships, which can be destroyed in a courtroom.

In mediation, the people involved don’t have to face each other directly. Instead, they speak through the mediator, who passes questions and offers back and forth. This method often clears up misunderstandings and helps the parties to reach a solution more efficiently, instead of exchanging letters between lawyers.

What does the law say about mediation?

The legal system encourages people to try mediation before going to court. Judges have the power to pause a case to give the parties time to mediate. In a 2023 case called Churchill v Merthyr Tydfil, the Court of Appeal made it clear that courts can order parties to take part in ADR, even if one of them doesn’t want to.

In another case in 2024 (DKH Retail Ltd v City Football), the court said mediation should go ahead even though one side didn’t think it would work. The judge described mediation as being “capable of cracking even the hardest nuts” – in other words, even tough cases can be settled this way.

Why is mediation a good fit for Inheritance Act claims?

As inheritance disputes often involve family members and can be very emotional, mediation is a useful tool for giving everyone a chance to talk through the issues in a calm, private setting. Mediation offers:

• A quicker and cheaper route to settlement
• The chance to come up with flexible solutions
• An opportunity to protect and rebuild family relationships

Court cases are usually adversarial (one side versus the other), but mediation encourages cooperation and problem-solving.

In conclusion

In inheritance disputes under the Inheritance Act 1975, mediation shouldn’t be seen as optional; it’s crucial for handling such cases sensibly. It saves time and money, fits with the court’s expectations, and offers families a better chance to resolve matters respectfully and privately.

Ignoring mediation can lead to financial penalties, even for those who win their case. If you’re involved in a dispute, taking mediation seriously is not just wise – it could make all the difference.

To speak to one of our inheritance and trusts disputes solicitors about your situation, please do not hesitate to get in touch.

Our Legal 500-rated inheritance & trusts disputes team offer friendly but practical advice on this complex area of law.