Wills & Probate

Examples of wills and probate mediations

Inheritance claim under the 1975 act against an estate by adult children.

Claim involving 17 beneficiaries. Proceedings had been issued some time before the mediation and claim settled at mediation in one day

Inheritance claim under the 1975 act by long term unmarried partner of the deceased

Resolution reached that meant all involved walked away achieving their objectives and limiting ongoing litigation costs to the estate.

Inheritance act claim under the 1975 act by unmarried partner of the deceased

A relatively modest estate with costs to trial estimated to take a large portion of the estate dispute settled in half a day.

Breach of trust between family members (probate)

Mediation day used to reduce issues between the participants. Settlement not reached on the day, although a better understanding all round was achieved and the hope to continue communication between the participants and their legal representatives to reach a resolution based on what was discussed and explored during the mediation.

Claim against executor

Long running dispute between family members, one of whom acting as executor, proceedings had been issued, mediation at an early stage in the action; claim settled in less than a day.

Trust dispute (probate)

4 year dispute between siblings – proceedings had been issued and directions pending. Claim settled in one day.

Challenge to the validity of a will

Dispute between siblings meant their mother’s estate had not been administered for 6 years. Dispute together with other matters personal to the participants settled in one day,

Inheritance act claim under the 1975 act by adult child

Claim by adult child for reasonable financial provision. Proceedings issued and still at an early stage. Dispute settled in less than a day.

Inheritance act claim by long term unmarried partner of the deceased

Proceedings issued, modest estate with no clear way of resolving the matter. Dispute settled to include matters to assist with the administration.

Inheritance act claim/estoppel claim by long term unmarried partner of the deceased – pre-action mediation

Participants mediated pre-action – claims settled in one day. Administration able to proceed after over 2 years of inaction because of the intimated claim.

Inheritance act claim by long term unmarried partner of the deceased

Mediation day resulted in a better understanding of the claim and defence to the claim. Additional information and documentation exchanged during the day and the participants got the opportunity to explore through a neutral third party how their position is seen by the other participants.

Breach of trust

Dispute between adult siblings following the death of a parent many years ago. Dispute had been running for over 10 years. Settled in one day at mediation.

Challenge to the validity of a will / estoppel

Long running dispute by two brothers over their mother’s will, proceedings issued with a two-day trial listed in a week’s time. Dispute settled at mediation.

Contentious probate / intestacy/ claim for constructive trust and breach of trust -adjourned

Matter adjourned after a day’s mediation for the participants to consider their positions considering information discussed during the day. Participants to consider continuing mediation by telephone/email with a view to reducing issues and to reach a settlement if possible.

Breach of trust

Long running dispute (over 6 years) between family members concerning a will trust – matter settled in one day at mediation.

Court of protection

Dispute between family members over appointment of deputy. Issues resolved in a half day mediation

Contentious probate/promissory estoppel

Dispute between numerous beneficiaries/family members involving a modest estate. Mediation day used to discuss matters in dispute and general agreement to consider information exchanged and matters discussed during the mediation day and continue discussions with an agreed way forward on the ongoing litigation to run in the background and to give time for the family members to consider their positions.

Contentious probate (1975 act claim)

Claim by spouse under the 1975 act. Proceedings issued. Dispute settled at mediation in 5 hours.

Contentious probate (1975 act claim)

Claim by adult child. Proceedings issued. Dispute settled at mediation in 4 hours.

Contentious probate (1975 act claim) –

Agreement reached claim by spouse for reasonable provision. Agreement reached on one issue. Participants to take time to consider everything discussed during the mediation day and to keep an open line of communication with the view to keep negotiations going while proceedings continue.

Trusts of land and appointment of trustees act 1996

Dispute which had been ongoing for over 2 years, in which proceedings had been issued by the estates of husband deceased and wife deceased, over shares of a house. Dispute resolved in the mediation day.

Contentious probate/trusts of land and appointment of trustees act 1996

Long running dispute between family members following the death of a parent/wife, proceeding had been issued. Dispute resolved in one day and family members agreed to start the process to build bridges and re-open communication.

Trusts of land and appointment of trustees act 1996

Dispute between former partners about the division of jointly held properties that had remained unresolved for many years. Proceedings issued with a trial looming. All matters resolved by settlement agreement in one day.

Contentious probate/breach of contract/trusts of land and appointment of trustees act 1996

A dispute that had been running on for years, proceedings issued recently and anticipated costs on both sides likely to exceed the value of the claim. Dispute settled in under a day’s mediation

Contentious probate/conflict between partnership assets and survivorship

Pre-issue mediation of a long running dispute. Understanding of each party’s positions enhanced during the mediation day with the mediation being adjourned for the parties to make additional enquiries and disclosure and agreement to keep lines of communication open with the view to resolving the dispute after responses top enquires and disclosure given so that a realistic assessment on risk can be made.

Proprietary estoppel

Proceedings issued and stayed to give the parties an opportunity to resolve at mediation. Matter settled in one day.

Proprietary estoppel

Dispute between family member and close friends of the deceased. Proceedings issued. Dispute settled in one day at mediation.

Undue influence and capacity

Dispute over a lifetime gift and validity of a will. Dispute at the point where proceedings were about to be issued. Estimated costs to trial circa £300,000 all issues and matters resolved in one day at mediation.

Disputed will

Dispute arising from the interpretation of a will involving s.35 presumption and rebuttal of the presumption from prior conduct. Proceedings not yet issued. Dispute settled in half a day.

Will validity – capacity

Dispute between siblings over the validity of a will and use of an lpa. Matter at pre-action. All matters resolved during the mediation with a comprehensive settlement agreement agreed and signed at the end of the day.

Contentious probate (1975 act claim)

Claim by adult child of the deceased. Proceedings issued and at pre-disclosure stage. Dispute resolved in one day at mediation.

Trusts of land and appointment of trustees act 1996 – lifetime gift

Dispute mediated pre-issue of proceedings after breakdown of parent – adult child relationship. Dispute settled at mediation.

Trusts of land and appointment of trustees act 1996

Disputes between spouse and beneficiaries (children from previous relationships) comprising four heads of claim and involving the joint ownership of the marital home. Terms of settlement reached on all heads of claim and mediation adjourned for the terms to be approved by all beneficiaries. Dispute settled a few days after the mediation.

Contentious probate/trusts of land and appointment of trustees act 1996

Claim by cohabitee following the death of long-term partner who died intestate. Dispute had been running for almost 2 years. Mediation agreed pre-issue. All disputes settled at mediation

Contentious probate (1975 act claim)

Claim by long-term cohabitee. Proceedings issued for protective purposes. Mediation held pre-service of proceedings. Claim settled at mediation.

Contentious probate (1975 act claim)/proprietary estoppel

Proceedings issued by adult child. Mediation arranged at an early stage in the litigation. All claims settled at mediation.

Contentious probate & trust (1975 act claim & alleged secret trust)

Proceedings issued on a 1975 act claim by adult children of the deceased together with an alleged secret trust claim. All issues in the litigation and additional ancillary issues resolved at the mediation.

Contentious probate (1975 act claim)

Proceedings issued with a trial window coming up. Claim by adult child against parent’s estate. Four other adult children beneficiaries defending and attended without representation.

Trusts of land and appointment of trustees act 1996

Dispute over the beneficial ownership of a property between mother, daughter and daughter’s ex-husband. – all issues resolved in a comprehensive settlement agreement at the mediation.

Contentious probate (1975 act claim)

Claim by two adult children against parent’s estate. Mediated pre-issue of proceedings. Both claims settled at the mediation.

Contentious probate (1975 act claim – minor children; adult children and cohabitee)

5 parties claiming provision from a deceased’s estate. (i) on behalf of two minor children; (ii) competing claims made by two adult children from a previous relationship and an (iii) unmarried cohabiting partner, beneficiary under the will also party to the proceedings. Additional claims against estate and executor intimated. All claims resolved in one day at mediation.

Breach of trust

Long running dispute between family members following creation of statutory trust under the intestacy rules. All matters resolved in a comprehensive settlement agreement at the mediation.

Trusts of land and appointment of trustees act 1996 – constructive/resulting trust / 1975 act claim by cohabitee

Dispute that had been running for over 2 years, proceedings issued. Declaration as to value of beneficial share in the deceased’s property agreed at mediation with all issues resolved on the day.

Trusts of land and appointment of trustees act 1996 – mutual wills/ proprietary estoppel/constructive trust/1975 act claim (adult child)

Long running dispute in which proceedings claiming the above heads of claim had been issued over a beneficial interest in the deceased’s property. Trial window in one month. Claims settled at the mediation.

Trusts of land and appointment of trustees act 1996/constructive trust

Very long running dispute (7 years) involving two properties. Mediated pre-issue. Dispute resolved and a comprehensive settlement agreement concluded at the mediation.

Trusts of land and appointment of trustees act 1996/equitable claim

Dispute between adult child and parent on the ownership of a property. Proceedings issued, and mediating at an early stage. Progress made during the day, and mediation adjourned by agreement from all to allow the participants additional time to consider points raised and final offers made.

Will validity – capacity

Claim by four claimants as to the validity of a will on the grounds of capacity and knowledge and approval. Mediation agreed pre-issue of proceedings. Dispute resolved in one day at mediation.

Claims against an estate by multiple creditors

3 party disputes in an intestate estate. Disputes running for almost 6 years. All issues resolved at mediation on the day.

Contentious probate (1975 act claim by spouse)

Mediation arranged pre-issue for a claim against late spouse’s estate. Claim settled at mediation on the day

Contentious probate (1975 act claim by adult child)

Mediation arranged at an early stage after issue of proceedings. Claim by adult child. Mediation ended with a comprehensive settlement agreement.

Breach of trust/construction of will/ probate dispute

Claim by son against parent for breach of trust. Arguments involving construction of the will, resulting trust & declarations of trust. Dispute settled in one day at mediation.

Contentious probate – (1975 act claim by adult child)

Claim by daughter against parent’s modest estate which passed to surviving spouse. Proceedings issued. Claim settled in one day at mediation.

Claims against an estate by family creditors

Claim by family members against an estate. Pleadings drafted and exchanged but not issued. All claims settled one day at mediation.

Challenge to the validity of a will on the grounds of capacity/undue influence and fraudulent calumny

Claim by adult child against parent’s will in which he was excluded and claims against sibling as attorney during parent’s lifetime. All claims settled in one day at mediation.

Claim against deceased’s estate by long-term cohabitee – adjourned

Claim by cohabitee. Proceedings issued. Deceased had 7 adult children. Agreement reached between the claimant and 6 of the children at the mediation. Mediation adjourned for the 7th adult child to consider his position with a view to finalising the settlement shortly after the mediation.

Commercial landlord & tenant

Claim by tenant against former landlord for removing and selling goods and counterclaim by landlord against tenant for unpaid rent and dilapidations. All claims and issues settled in one day at mediation.

Claim against an estate (1975 act) by adult child

Claim by adult child against parent’s estate in which out of three siblings he was the only one excluded. Proceedings issued and claim fiercely contested, even at mediation. Claim settled at mediation.

Claim against the validity of a will and to set aside lifetime gifts (knowledge and approval and undue influence)

Claim against the validity of a will and to set aside lifetime gifts on the grounds of knowledge and approval and undue influence. Progress made and points conceded for the purposes of the litigation. Mediation did not end in a settlement, but parties agreed to continue negotiations.

Claim against the validity of a will (knowledge and approval and fraudulent calumny)

Claim against the validity of a will. Parties agreed to mediate at an early stage. Caveat entered but contentious probate proceedings not yet issued. Mediation ended in a comprehensive settlement and variation to the will with agreement to remove the caveat.

Claim to remove executor

Proceedings issued to remove co-executor and intimation of claim to challenge the validity of the will on the grounds of undue influence. Caveat entered preventing extraction of the grant. Mediation ended in a settlement in respect of all issues, including terms to advance extraction of the grant.

Proprietary estoppel/mutual wills claim

Claim against the validity of a gift by reference to a farm in a last will by parent on the grounds that the gift was not the deceased’s to make as a result of alleged previous mutual wills and/or promises made during the lifetime in respect of the purported testamentary gift. All claims settled at the mediation.

Claim against an estate (1975 act) by adult child

Claim by one child for provision under the 1975 act. Proceedings issued for protective purposes. Claim settled at mediation. 

Claim against an estate (1975 act) by two minor children

Claim on behalf of two infants against deceased’s parent’s estate. Proceedings issued, mediating at a very early stage. Claims settled by agreement, subject to the court’s approval.

Challenge to the validity of a will on the grounds of k&a, s9 (execution) & capacity and a constructive trust claim.

Proceedings issued by cohabitee challenging the validity of long-term partner’s will. Numerous issues raised. All matters resolved in one day at mediation.

Proprietary estoppel/1975 act claim/constructive trust

Claim by spouse against deceased’s estate on the grounds of proprietary estoppel/1975 act claim and constructive trust. Numerous issued raised and settled in a comprehensive settlement agreement drafted at the mediation.

Breach of trust

S.50 application to remove co-executor. Numerous issues to be resolved. Agreement at the mediation reached on all matters bar one. Formal resolution not concluded at the end of the day, negotiations to continue after mediation with a view to resolving the final issue.

Claim against estate (1975 act) by adult child

Proceedings issued and mediating at an early stage in the litigation. Claim settled at mediation.

Claim against estate (1975 act) by spouse

Claim by spouse. Mediating pre-issue. Issues of deceased’s domicile raised. Estate including foreign property and assets. Several other issues raised during the day. All issues resolved by settlement agreement at mediation.

Challenge to the validity of a will on the grounds of capacity, knowledge and approvaland fraudulent calumny

Claim against the validity of a will on the grounds of testamentary capacity and fraudulent calumny. All matters settled at the mediation and recorded in tomlin order.

Multiple claims against an estate following possession proceedings commenced against family occupiers

Possession proceedings issued against occupier following death of parent, one adult child to receive the whole estate. Proceedings intimated to challenge the validity of an earlier inter-vivo transfer of the property on the grounds of undue influence, and later will on the grounds of undue influence and capacity, in the alternative claims for proprietary estoppel and constructive trust and in the alternative a claim against the estate under the 1975 act. All issues resolved in a comprehensive settlement agreement attached to a tomlins order.

Claim against estate (1975 act) by adult child

Claim by adult child for financial provision. Claim made as adult child excluded as a result of the intestacy rules and as a person being maintained by the deceased. Proceedings issued. Claim against adult child by the estate. All claims settled at mediation.

Contested probate (challenge to the validity of a parent’s will)

Claim by children against the validity of a will, challenging it due to a specific legacy of a property to one child of the deceased. Dispute had been running for over two years. Claim settled at mediation in one day.

Claim against estate (1975 act) by partner being maintained by deceased

Claim by partner who was being maintained by the deceased for financial provision as person being maintained by the deceased prior to death. Claim settled at mediation.

Challenge to the validity of a will (capacity and k&a)

Long running dispute (4 years). Proceedings not yet issued. Parties represented by solicitors and very senior counsel on one side and a qc on the other. All matters resolved in a settlement at the mediation.

Challenge to the validity of a will

Claim by adult child against the validity of parent’s will. Mediation pre-issue, advantage re: costs savings and progress made during the mediation however more time needed to consider positions considering proffers made during the day. Alternatively, more evidence required to shift positions and close the gap to achieve settlement.

Claim against estate (adult child)

1975 act claim by adult child. Long running dispute including history of previous litigation. All issues settled at mediation

Claim against estate (adult child)

1975 act claim by adult child. Very emotional history. Participants encouraged to focus on putting past issues for one day and focus on achieving resolution. Settlement achieved at the mediation.

Multiple claims against the validity of a will and estate

Challenge by one adult child against the validity of parent’s will on the grounds of undue influence, testamentary capacity and knowledge and approval. Additional challenge on the construction of the will. Claims by long term partner and co-habitee under the 1975 act for maintenance and claim by a different adult child for maintenance under the 1975 act. Day spent focusing on the various claims and claimants’ positions and expectations. Offers made and mediation ended with the defendant to respond after considering matters and issues discussed during the day.

Challenge to the validity of a will – undue influence/testamentary capacity and knowledge and approval

Challenges by 3 children of deceased parent on the validity of her will on the above 3 grounds. Terms of agreement reached after with relations on the way to be mended – additional goodwill exchanged during the day. 

Claim against parent’s estate by adult child

Claim by adult child for provision from parent’s estate. Claim resolved in a comprehensive settlement agreement on the day.

Breach of trust

Claim intimated against trustees of a discretionary trust for replacement by professional trustee for failing to comply with trustee obligations in running the trust. Mediation ended in an agreed way forward.

Trusts of land and appointment of trustees act 1996

Claim by former cohabitee for a share in the property as a result of payments made towards the purchase and works to the property. All claims resolved by comprehensive settlement reached on the day at mediation.

Application to remove executor

Claim by brother of executrix against the executrix for failing to properly account for the estate, application to remove executrix and to take and account. Numerous issues including management of funds during deceased’s lifetime. All issues resolved at mediation in a comprehensive settlement agreement

Trusts of land and appointment of trustees act 1996

Claim to enhance beneficial interest in a property held as tenants in common and for occupational rent. Participants attended unrepresented. Settlement reached on the claims and on way forward regarding the mechanics of the sale of the property.

1975 act by adult stepchild 

Claim by stepchild treated as child of the family – proceedings issued with intimated additional probate action challenging the validity of the will on the grounds of k&a. All issues resolved at one day at mediation.

Trusts of land and appointment of trustees act 1996

Claim for a declaration as to beneficial interests following a long-term absence from the property. Mediating pre-issue. All issues resolved at mediation in a comprehensive agreement.

Claim against estate (spouse)

Claim by spouse against deceased’s estate. Final will prepared 2 days before the deceased passed away. Long involved history with all beneficiaries and the deceased. All issues resolved at mediation.

Claim against estate (divorcee)

Claim against estate by divorcee. Decree absolute granted just before spouse’s death and before conclusion of financial awards. Deceased left children. Issues resolved at mediation, pre-issue.

Long running (22 years) dispute between adult children of late parents estates

Siblings in dispute for 22 years in respect of late parents’ estates. Issues included historic settlement, interests in a property, claims for proprietary estoppel, funds owed by one party to the estate and owed by the estate to another and for occupational rent. Historic attempts to settle resulted in agreements reached but not concluded. All issues resolved between the brothers in one day at mediation.

Challenge to the validity of a will

Grandchild challenging validity of grandparent’s will on several grounds – mediation focusing on capacity – pre-issue. All issues resolved at mediation.

Breach of trust

Claims by executors against each other for alleged breaches of trust. Disputes running for years. Mediation arranged pre-issue at mediation

Challenge to the validity of a will

Claim by stepchild against validity of stepfather’s will. Additional and new information disclosed at mediation and mediation resulted in financial parameters established for that day. Participants will use the mediation day as a foundation to continue negotiations, while litigation proceeds.

S46 administration issue

Deceased dies intestate, children extracted the grant with the view to distributing between themselves under s46 aea, claim by spouse that she was the right person to benefit from the estate. Challenge raised by children as to whether deceased and spouse/partner were married. All issues resolved in a comprehensive settlement agreement at mediation.

Claim by spouse and minor child against. Estate

Claims by spouse and deceased’s minor child against his estate. Intimated claims by other family members against aggravated estates. Issue regarding a declaration of trust. Mediation ended in a comprehensive settlement to be approved by the court.

Challenge to the validity of a will / 1975act claim

Claim by natural child of deceased that her parent’s will had been revoked and the estate should pass to her entirely under the intestacy provisions. In the alternative claim against parent’s estate for financial provision under the 1975 act.  All claims settled in one day at mediation

Trusts of land and appointment of trustees act 1996 & sch.1 children’s act claims

Claim for a declaration as to beneficial interests in respect of a jointly owned property, proceedings issued. Defence introduced sch1 ca issues, and at mediation additional child arrangement issues raised. Day used to explore existing and intimated issues with possible routes to settlement put forward. Understanding that additional claims to be issued. Participants to continue negotiations as proceedings (existing and new) are progressed.

1975 act claim by spouse, s 20 application for rectification and claim against solicitors that prepared the will and a claim in relation to a sipp

Claims intimates by surviving spouse for rectification, 1975 act claim against the estate for financial provision and potential claim against the solicitor that prepared the will. All issues resolved at mediation with a comprehensive settlement agreement and deed of variation.

Claims raised by sisters/executors against each other

Numerous claims by sisters against each other including movement of money during mother’s lifetime and following her death, boundary issues and estate administration matters. All issues resolved at mediation with comprehensive tomlin order and schedule.

Trusts of land and appointment of trustees act 1996 dispute

Dispute between joint beneficial owner and beneficiary of other joint owner of a property. Issues raised including estoppel, constructive and resulting trust and occupation issues. Dispute resolved at mediation.  

Multi-party proprietary estoppel and financial remedy in divorce

Intimated claim by child against parents for anticipatory breach of an alleged proprietary estoppel of a £1.5m farm. Parents currently divorcing. All issues in dispute resolved between all participants in a comprehensive settlement agreement.

Proprietary estoppel by son of the deceased

Surviving parent died intestate automatically leaving estate to two adult sons equally. Main estate asset the family home in which one adult son lived in all his life. Proceedings issued claiming absolute beneficial interest in the property on the grounds of proprietary estoppel. Trial date set down for 4-5 days to start the following week. All issues resolved between the brothers in a comprehensive settlement agreement annexed to a tomlin order.

1975 act claim by person being maintained by the deceased

Claim by in-law for maintenance   against an estate on the grounds that before the dead the claimant was being maintained. Settlement reached on the day at mediation.

Claim by former spouse

Claim by former spouse against late ex-wife’s estate in relation to the terms and construction of ancillary relief order in relation to a charge placed over the matrimonial and subsequent properties. Issues resolved at mediation and recorded in a comprehensive settlement deed.

Claim as to validity of will and lifetime gifts – capacity, knowledge and approvaland undue influence

Daughter’s claim against parent’s last will on grounds of capacity, undue influence and knowledge and approval- all issues resolved at mediation in a comprehensive settlement agreement.

Registered charge on deceased’s estate – challenge to validity

Challenge by executors of deceased’s estate as to the validity of a legal charge placed on the deceased’s property less than two weeks before her death. Charge challenged on the grounds of undue influence, deceased’s capacity and whether charge legally enforceable. All issues settled at mediation.

Administration of estate

Dispute between sibling executors on several issues. All issues resolved and settlement reached on the day with a comprehensive settlement agreement and agreed letter of instruction to independent professional to conclude the administration

1975 act claim by person claiming to be treated as a child of the deceased

Claim issued against estate of an individual who claimed to be treated as a child of the deceased. Issued raised about eligibility and other matters. Issued resolved at mediation with tomlinson order and schedule

1975 act claim by adult child

Proceedings issued challenging the validity of the will admitted to probate and several historic wills together with a lifetime gift of the deceased’s main asset and a claim under the 1975 act by adult child. Focus on settling all claims achieved at mediation.

1975 act claim by adult child

Proceedings issued by adult child against parent’s estate. Mediated at an early stage (pre ccmc) – settlement reached at the mediation.

Trusts of land and appointment of trustees act 1996 dispute

Dispute over beneficial interest in £1.75m farm. Mediating pre-issue – full disclosure not too hand. Mediation resulted in a focus on outstanding issues and to continue negotiations with a view to reaching settlement when supporting documentation in view,

1975 act / proprietary estoppel dispute

Dispute involving claim by adult child against parent about ownership of part of a farm. Numerous issues raised. Mediation resulted in agreeing terms in part and to continue to negotiate in respect of the balance.

Trusts of land and appointment of trustees act 1996/beneficial interests in a property

 dispute between parent and child over beneficial interests in a property purchased pooling resources following a falling out between the parties. Mediation ended in a comprehensive settlement which included detailed way forward factoring in contingencies.

Trusts of land and appointment of trustees act 1996 / beneficial interest in a property/unlawful eviction

Claim by cohabitee against a deceased’s estate to an interest in the property in which they lived, and a claim for unlawful eviction. All issues resolved at mediation and incorporated in a tomlin order.

1975 act claim by cohabitee

Claim by cohabitee to reasonable financial provision after deceased dies intestate. Dispute as to eligibility and quantum. Issues resolved in a settlement agreement at the mediation

Trusts of land and appointment of trustees act 1996 dispute (family members)

Claim by family members as to beneficial shares in a property together with additional claims for occupational rent and equitable accounting. All issues settled at mediation in a tomlin order with settlement agreement annexed.

Challenge to the validity of last will & 1975 act claim by adult child

Claim by adult child for financial provision under the 1975 act and to set aside the last will on the grounds of capacity and/or fraudulent calumny. All issues resolved in a settlement agreement at the mediation.

Mutual wills/proprietary estoppel

Claim for declaration of beneficial interest in property. All issues resolved in a comprehensive settlement at mediation.

1975 act claim by cohabitee

Claim by cohabitee against deceased’s estate which passed to wife under the intestacy provisions – mediating pre-issue. Claim settled at mediation.

Proprietary estoppel – farming dispute, subject to contract

Claim against father’s estate for specific parcels of farmland, woodland and buildings. Mediation day 1 adjourned with some progress made and agreement to re-fix for a second day. All issues resolved, subject to contract, in an outline agreement with reference to a plan, and subject to several conditions.

1975 act claim by adult child

Claim by adult child for provision for maintenance from late parent’s estate. Proceedings issued; claim settled at mediation.

Claim for beneficial interest in a property – family dispute

Claim by sibling for a beneficial interest in a property alleged to have been purchased with his financial assistance. Complicated history involving alleged pooling of family resources. Claim settled at mediation.

Proprietary estoppel – parents still alive

Claim by son against parents for farm and buildings based on promises made in return for work done during his lifetime. All issues settled at mediation in a comprehensive settlement agreement.

Trusts of land and appointment of trustees act 1996 – claim for declaration as to beneficial interests

Claim by former partner for a declaration of beneficial interest in jointly held property and order for sale. Mediation ended in a comprehensive settlement giving both participants certainty going forward and allowing both to move on with their respective lives.