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Will Dispute Arbitration UK: How It Works (2025)

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Part ofWill Disputes

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Disagreements over a loved one's will can fracture families at the worst possible moment. When negotiation between beneficiaries, executors, or disappointed relatives breaks down, most people assume the next step is court. It doesn't have to be. Arbitration offers a private, generally quicker route to settle inheritance disputes, with a qualified arbitrator making a binding decision instead of a judge. In this guide I'll walk through how arbitration works in the context of contested wills in England and Wales, when it tends to suit the parties involved, and what the process actually looks like from start to finish. If you're weighing up your options after a family falling-out, or you've been named in a will that others are now challenging, this should give you a clearer picture of where arbitration fits in.

What this document is

Arbitration is a form of alternative dispute resolution where the people involved in a disagreement agree to hand the decision to an independent arbitrator rather than take the matter to court. The arbitrator hears both sides, considers the evidence, and issues a binding ruling called an award.

In the context of will disputes, arbitration can cover a wide range of issues, from arguments about the validity of the will itself, to claims under the Inheritance (Provision for Family and Dependants) Act 1975, to disagreements between executors and beneficiaries about how the estate is being administered. The Institute of Family Law Arbitrators and the Chartered Institute of Arbitrators both offer specialist schemes relevant to private client disputes.

Because arbitration is a creature of agreement, every party has to consent before it can begin, which means it won't suit every dispute, particularly where one side refuses to engage. But where there is willingness to resolve matters without the full glare of litigation, arbitration can be a genuinely sensible option, especially for families who value privacy or want to preserve what remains of their relationships.

How to use this document

  1. Agree to arbitrate. Every party to the dispute must consent in writing, usually through a formal arbitration agreement. This document records what is being referred, the rules that will apply, and confirms that each side accepts the arbitrator's decision as binding. Without unanimous agreement, the matter cannot proceed this way.
  2. Select an arbitrator. The parties jointly appoint an arbitrator with genuine experience in wills, probate, and estate disputes. Many come from a background in chancery or private client law. If the parties cannot agree on a name, the arbitration scheme or professional body will usually nominate someone suitable on their behalf.
  3. Exchange evidence and statements. Each side prepares its case and shares the relevant material, including witness statements, medical records where capacity is in issue, expert reports, and any documentation bearing on the will's execution. The arbitrator will set a timetable to keep the process moving and avoid the drift that often affects court proceedings.
  4. Attend the hearing or written determination. Depending on the complexity and the parties' preference, the arbitrator may decide the matter on paper alone or hold an oral hearing. Hearings tend to be less formal than court, held in private, and focused on the real points in dispute rather than procedural manoeuvring.
  5. Receive the binding award. After considering everything, the arbitrator issues a written award setting out the decision and the reasoning behind it. The award is legally binding and enforceable through the courts under the Arbitration Act 1996, with only very limited grounds for challenge available to a dissatisfied party.

Common questions

If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Common questions

Q Is arbitration legally binding in a will dispute?
Yes. Once the parties have signed an arbitration agreement and the arbitrator issues an award, that decision is binding on everyone who took part. It can be enforced through the courts in the same way as a court judgment. Grounds for appealing or setting aside an arbitration award are narrow, which is part of the trade-off for the speed and privacy arbitration offers.
Q How does arbitration differ from mediation in inheritance disputes?
Mediation is a facilitated negotiation where a neutral third party helps the sides try to reach a voluntary settlement. The mediator cannot impose anything. Arbitration goes further: the arbitrator actually decides the dispute and the ruling binds the parties. Mediation is often tried first because it is cheaper and preserves control, but arbitration provides certainty when talks stall.
Q Can any will dispute be referred to arbitration?
Most private law disputes about wills, estates, trusts and claims under the Inheritance Act 1975 can be arbitrated, provided every affected party agrees. Some matters involving minors, protected parties, or the court's supervisory jurisdiction may still need judicial involvement. If you're unsure whether your particular dispute is suitable, it's worth getting guidance before committing to the process.
Q How long does arbitration typically take?
Timescales vary with the complexity of the case, but arbitration is usually faster than litigating the same dispute in the High Court. Straightforward matters can conclude within a few months, while more complex estates with capacity or fraud allegations may take longer. The parties and arbitrator agree a timetable at the outset, which helps keep things on track.
Q How much does will dispute arbitration cost?
Costs depend on the arbitrator's fees, the length of any hearing, and whether you instruct solicitors or counsel. Arbitration is often more cost-effective than full court proceedings because it tends to be quicker and more focused, but it is not free. Parties usually share the arbitrator's fees, and the award can include provisions about who pays the overall costs.
Q Do I need a solicitor to use arbitration?
You don't strictly have to be legally represented, but most people choose to be because will disputes involve technical areas like testamentary capacity, undue influence, and complex estate accounting. Having someone who understands the law improves your chances of putting your case properly. At minimum, getting some initial guidance before you sign an arbitration agreement is a sensible step.
Q Can the arbitrator's decision be appealed?
Only in limited circumstances under the Arbitration Act 1996. You may be able to challenge an award on grounds such as serious irregularity or a clear point of law, but the courts will not reopen the arbitrator's findings of fact just because one side is unhappy with the outcome. This finality is one of the reasons arbitration delivers a quicker resolution than litigation.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.