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Will Disputes & Mediation UK: Avoid Court Battles

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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
When someone passes away, the last thing families expect is a fight over the will. Yet disagreements happen more often than you might think, whether over the validity of the document, the way an estate is being administered, or the feeling that someone has been unfairly left out. These situations are rarely just about money. They tend to stir up old family tensions, grief, and a sense of injustice that can linger for years. Mediation has become an increasingly popular way to deal with these disagreements without ending up in court. It gives families a chance to talk things through with a neutral person in the room, find common ground, and move on. In this guide I'll walk through how will disputes typically arise in England and Wales, how mediation actually works in practice, and what to think about before you go down that route.

What this document is

A will dispute is any disagreement that arises around a deceased person's will or the administration of their estate. Common flashpoints include claims that the will was not properly signed or witnessed, arguments that the person lacked mental capacity when they made it, allegations of undue influence by a family member or carer, and claims under the Inheritance (Provision for Family and Dependants) Act 1975 by people who feel the will did not make reasonable financial provision for them.

Disputes can also crop up where executors are perceived to be acting unfairly or dragging their feet. Mediation is a voluntary, confidential process where a trained mediator helps the parties talk through the issues and, hopefully, reach a settlement they can all live with.

The mediator does not take sides and does not impose a decision. Instead, they help people hear each other, explore options, and work out what a workable resolution looks like. Unlike a court hearing, nothing is decided for you, the outcome is in your hands.

How to use this document

  1. Identify the real issue. Before doing anything else, get clear on what the dispute is actually about. Is it a challenge to the will's validity, a claim for greater provision from the estate, a concern about how executors are behaving, or a disagreement over how specific assets should be divided? The type of dispute shapes what happens next and who needs to be involved.
  2. Gather the relevant information. Track down a copy of the will (and any earlier versions if they exist), the grant of probate if one has been issued, and any documents that support your position. This might include medical records, correspondence with the deceased, valuations of estate assets, or evidence of financial dependency. Clear information makes mediation far more productive.
  3. Consider the time limits. Some claims have strict deadlines. For example, claims under the Inheritance Act 1975 generally need to be brought within six months of the grant of probate. Missing a deadline can shut the door on your claim entirely, so it is worth checking where you stand early rather than assuming there is plenty of time.
  4. Propose mediation to the other side. Courts in England and Wales strongly encourage parties to try mediation before litigating, and refusing without good reason can have cost consequences later. A written proposal setting out why mediation makes sense, along with a suggested mediator or mediation provider, is usually the best starting point. Most disputes settle when people actually sit down to talk.
  5. Prepare for the mediation day. Think about what you want, what you might accept, and what you absolutely cannot agree to. A good mediation involves each side presenting their position, then working through joint and separate sessions to narrow the gap. If a settlement is reached, it is written up and signed on the day, becoming a binding agreement between the parties.

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 Who can challenge a will in England and Wales?
Generally, people who stand to inherit under an earlier will, those who would benefit under the intestacy rules if the will were invalid, and certain family members or dependants who can bring a claim under the Inheritance Act 1975 for reasonable financial provision. Creditors of the estate may also have an interest. The right to challenge depends on your relationship to the deceased and the nature of the complaint.
Q What are the main grounds for contesting a will?
The usual grounds include lack of testamentary capacity (the person was not of sound mind when making the will), lack of valid execution (it was not signed and witnessed correctly), undue influence or coercion, fraud or forgery, lack of knowledge and approval of the contents, and claims for reasonable provision under the Inheritance Act 1975. Each ground requires different evidence and has its own legal tests.
Q How long does mediation usually take?
Most will dispute mediations are scheduled as a single day, though complex cases can run longer or spread across multiple sessions. The preparation beforehand, including exchanging position statements and key documents, often takes a few weeks. Compared to contested probate litigation, which can drag on for a year or more, mediation is a relatively quick way to reach a resolution.
Q Is the outcome of mediation legally binding?
If you reach a settlement at mediation and sign a written agreement, that agreement is legally binding in the same way as any other contract. Where court proceedings have already started, the terms are often recorded in a consent order that the court approves. Discussions during mediation are generally confidential and cannot usually be used in later court proceedings if no settlement is reached.
Q What happens if mediation does not work?
If the parties cannot agree, nothing said during the mediation can typically be used against anyone later, and the dispute can still go to court. Even where full settlement is not reached, mediation often narrows the issues, which can make any subsequent litigation shorter and less expensive. Some parties also return to mediation at a later stage once positions have shifted.
Q Who pays the costs of mediation?
In most cases the parties share the mediator's fee and venue costs equally, though this can be negotiated differently. Each side usually pays its own legal costs for any representation they bring along. If the dispute settles, the agreement often includes terms about how costs already incurred will be handled. Mediation is typically far cheaper than taking a case through to trial.
Q Can I bring a solicitor or adviser to the mediation?
Yes, many people bring a solicitor or other representative, particularly where the issues are legally complex or the sums involved are significant. You can also attend alone if you prefer. Whichever route you choose, going in with a clear understanding of your position, what you want to achieve, and what compromise looks like will make the day far more productive.
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.