From 2025, the UK court system has introduced a “mediation-first” approach to inheritance disputes. Under the new Practice Direction 190 (2025), judges now have the power to stay proceedings and order parties to attend compulsory mediation. This 1,000-word article explains why “refusing to talk” can now lead to massive financial penalties, even if you win your case, and how to use the mediation room to secure a “flexible” settlement that a judge simply cannot grant.
The End of “See You in Court”
For decades, mediation was voluntary. One side could simply refuse to attend, forcing the other into a costly and aggressive court battle. The landmark case of Churchill v Merthyr Tydfil [2023] changed the landscape, and the Civil Procedure (Amendment) Rules 2025 have now codified this power.
Courts in 2025 no longer view mediation as a “choice”, it is a procedural requirement. If you unreasonably refuse to engage in Alternative Dispute Resolution (ADR), the court can sanction you by ordering you to pay the other side’s costs, even if you are successful in the main claim. The “Overriding Objective” of the court is now to deal with cases “justly and proportionately,” which means keeping them out of the courtroom whenever possible.
Why Mediation Works for Families
Inheritance disputes are rarely just about money; they are about decades of family history, perceived favoritism, and grief. A judge in a courtroom is a blunt instrument—they can only rule on the law. They cannot fix a broken relationship or apologize for a parent’s behavior.
Mediation, however, allows for flexible settlements. For example:
The “Heirloom Swap”: A sibling might give up a claim to a house in exchange for sentimental jewelry or a specific painting.
The “Tax-Efficient Split”: Parties can agree to restructure the inheritance to minimize the 40% Inheritance Tax bill, something a judge doesn’t have the power to do.
The “Privacy Shield”: Unlike a court hearing, which is a matter of public record, mediation is strictly confidential. Your family’s “dirty laundry” stays behind closed doors.
The 14-Day Warning
Under the updated Non-Contentious Probate Rules 2025, the timeline for responding to “Warnings” and “Appearances” has increased from 8 to 14 days. This extra time is specifically designed to allow parties to seek a mediator before the “litigation fuse” is lit. We help you use this window to make a Part 36 Offer, a strategic legal move that puts the other side under immense financial pressure to settle.
Resolving the Unresolvable
We provide the Authority of Practice Direction 190, the Education to handle a mediation day, the Empowerment to settle on your own terms, the Empathy for the emotional toll of the dispute, and the Urgency to settle before the “Trial Fund” eats your inheritance.
Let’s Do This Together
Contesting a will could become an overwhelming experience if not accompanied by expert guidance and support. Our mission is to provide you with all the needed information, support, and authority to get through this journey, with only one goal in mind: Fairness.
To our team, this process is not about winning; it’s about claiming what was yours from the beginning.
Get your free, no-obligation case assessment. Call 08002980029 or visit contestawilltoday.com
FAQs
1. Can I be forced to settle at mediation?
No. You are only “compelled” to attend and engage in good faith. You cannot be forced to sign an agreement you don’t like. However, if the mediator reports that you were “obstructive” or “unreasonable,” the judge may penalize you later in court.
2. Who pays for the mediator?
Usually, the cost is split 50/50 between the parties. In 2025, a full day of mediation typically costs between £1,500 and £3,000 per side. While this seems high, it is a fraction of the £50,000+ cost of a full High Court trial.
3. What happens if the other side lies during mediation?
Because mediation is “Without Prejudice,” anything said in the room cannot be used as evidence in court later. This encourages honesty, but it also means you must have your “evidence bundle” ready before you go in, so you can disprove lies in real-time.
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Frequently asked questions.
Can A Will Be Contested?
Yes, a will can be contested if there are valid legal grounds to challenge its validity.
What are the different Types of Trusts?
There are several types of trusts used in estate planning, each serving a different purpose depending on your goals.
What are Examples of Inheritance Trust disputes?
Breach of Trust: Mismanagement of assets by the trustee.
Trustee Removal: Conflicts leading to the removal of a trustee.
Interpretation: Disagreements over the trust’s legal wording.
Undue Influence: Pressure on the creator to change trust terms.
Financial Claims: Beneficiaries claiming they haven’t received their fair share.
What’s the difference between contesting a will and contentious probate?
Contesting a Will:
This specifically refers to challenging the validity of the will itself.
Common grounds include claims that the deceased lacked mental capacity, the will was forged, or they were under “undue influence” when signing it.
Contentious Probate:
This is a broader term that covers any dispute arising after someone’s death during the administration of the estate.
Do I have to go to court to contest the probate?
No, you do not always have to go to court. Most probate disputes are resolved through:
Mediation: A professional mediator helps both sides reach an agreement without a judge.
Negotiation: Solicitors from both sides negotiate a fair settlement privately.
Settlement Agreements: A legal contract is signed to end the dispute outside of court.
Court as a Last Resort: Litigation is only used if all other attempts to settle fail.
