WILLS
PROBATES
AND MEDIATION
- Have you recently split from your partner?
- Unsure How to sort finances?
- Kids Caught in the middle?
- Want to avoid going to court?
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A will or a probate becomes relevant for a family at one of the saddest times in their lives.
Faced with the loss of a loved one, many grieving families find themselves additionally pained by the complicated issues of inheritance.
Even when there is a clear cut will with all the details of inheritance clarified in it, the legality of the document might come into question.
Often, such disputes reach the stage where a probate from the legal courts is required to validate the inheritance and resolve the issue.
A probate is generally issued by a court when there is no will, to legally declare the inheritance as per the law of the country.
On the other hand, a disputed will can be legitimised into a probate by the order of the courts.
Working through all these issues can become extremely difficult for the loved ones, especially since it comes at such a bad time. In fact, studies have shown that the increased emotional state at this time can lead to heightened tension and a breakdown of communication. The application of the law in such situations is not as easy as it sounds, as the facts of all the various claims have to be verified before a decision can be arrived at.
Many a times, the strict rigidity and formality of the law court combined with the formal environment can make it even more difficult for people with previous emotional and interpersonal issues to come to a resolution. Instead, the dispute gets exacerbated, sometimes into a full blown legal battle.
This is why mediation has become the preferred way of resolving will and probate related legal issues. In minor cases, it might be recommended by the court of law as a preliminary procedure before issuing the probate; in other cases, the family themselves choose to opt for this route of dispute resolution.
Mediation is essentially a useful way of resolving issues which may or may not have a legal implication, without resorting to any type of formal or legal procedures. A mediator, a trained professional with the resources and experience to resolve difficult issues, will conduct meetings and discussions with all the concerned parties.
The mediator acts as a neutral third party observer and his or her main job is to facilitate a smooth flow of discussion between the conflicting parties. They do not provide legal advice or indeed any kind of direct guidance; their main role is to help their clients themselves come to a mutually agreed upon decision about the inheritance, one that can benefit everyone involved.
Mediation allows families to resolve difficult legal issues in a simple, hassle free and cost-effective manner. Even if legal intervention is, ultimately, required, there is nothing to lose by trying this process once.