Rowlands has expertise in dealing with claims which can be made out of the Estate of a deceased person when it is contended "reasonable financial provision" has not been made.
The category of persons entitled to pursue such claims include, in certain circumstances, spouses, civil partners, former spouses and former civil partners who have not remarried or entered into a subsequent civil partnership.
It is our view that disputes of this nature are, generally speaking, suitable to be dealt with by way of mediation.
Aside from economic concerns, using mediation can help avoid the scars and bitterness that can be caused by taking family disputes to Court. The prospect of being cross examined on private matters at Trial is not appealing, especially in the context of a bereavement. The process can be stressful and time consuming , as opposed to mediation which can be organised in a matter of weeks or months. The less formal nature of mediation gives parties an opportunity to explain why they have taken the course of conduct they have and introduce a more human element to proceedings, leading to understanding and the possibility of reconciliation.
The most compelling reason to consider mediation in these disputes is that it allows the parties to recapture some control of the matter for themselves. In place of the Court deciding at Trial what went on as a matter of fact and making the decision on how a deceased's person's estate should be divided between family members, you and the other parties to the case have the chance to decide amongst each other.
Rowlands can oversee the conduct of your dispute from beginning to end from initial receipt of correspondence threatening a claim against the Estate, or your first concern that there has been some impropriatory in the administration of an Estate or drawing up of a Will. We will ensure that your interest are protected and that your case put most effectively.
For detailed advice regarding such potential claims, please contact Marina Evans at Rowlands.