Inheritance mediation is a part of family mediation and usually occurs after the parents have passed away, leaving behind property and funds to be divided among siblings. This often turns shared grief into a sibling rivalry.
However, an inheritance dispute can also arise if a relative, or even a stranger, has left part of their estate to another person, leading to objections from the legal heirs.
The Inheritance Law, 1965, stipulates that if a person has not left a will, their estate will be divided according to the legal heirs. These heirs are determined by priority based on blood relation, and a living spouse is also taken into consideration.
If the person has left a will, it overrides the legal heirs, and they can decide how to distribute their estate to any person, regardless of blood relation, and to any entity, except for certain restrictions existing in the law.
To issue a probate order, the potential heir must submit a request to the Inheritance Registrar at the Ministry of Justice or the Family Court and publish it in the official records to allow for objections. These objections can be part of an inheritance dispute.
About the Mediator
Mediation can occur before approaching judicial authorities, during a legal process, or even by court referral to mediation. However, its chances of success are higher if it starts early.
When a legal dispute already exists, the parties may consider which method might yield better results, potentially hindering the good faith, openness, and compromise required for mediation.
The mediator is a professional serving as a neutral third party, agreed upon by the parties, whose role is to suggest solutions acceptable to both parties to resolve the dispute, thus avoiding costly, prolonged legal proceedings and emotional distress.
A key to successful mediation is the willingness and engagement of all involved parties, including a readiness to compromise and cooperate with the other side. If this is not the case, mediation is futile, and one must turn to the court. Even the best and most experienced mediator cannot reach agreements if the parties are not willing. If there is willingness, the mediator’s role is to find the golden path between the parties.
Mediation is regulated under Section 79C of the Courts Law, 1984, and the Court Regulations (Mediation), 1993.
The current market is flooded with various mediators with different certifications. It is advisable to ensure that the mediator is also a lawyer by profession, specializing in family law and contracts, who can provide solutions considering both personal and legal perspectives.
Uniqueness of Inheritance Mediation
Inheritance disputes can cause emotional distress, delay, and financial loss, and they can also damage family relationships. Family mediation is a short process where all relevant parties sit together with a neutral professional to discuss and resolve their disagreements.
The mediator will try to identify the essential needs behind the financial demands. Sometimes there is a need for financial security, a desire for recognition, resistance towards compromise, acknowledgment of care for the parents over the years, expenses spent, etcetera. Once the mediator identifies the essential need, they may address it in other ways, thereby increasing the willingness of all parties to reach an agreed solution that saves time, significant money, and family rifts.
In some cases, the mediator will meet with each party separately. The goal of this tactic is to create openness and trust between the parties and the mediator, understand each party’s needs, and find common ground that allows for mediation and an agreed solution.
It is highly recommended to contact a lawyer specializing in family matters who is also a mediator. A lawyer will be able to see the broader and more professional picture in terms of family law, but perform it with a mediation approach that reaches a controlled and agreed-upon solution by the parties, unlike common actions taken by a court to decide who is right and who is wrong.
A mediator lawyer will also consider tax issues related to the division of property. Ignoring tax aspects can lead to significant financial losses due to poor planning. Therefore, it is not just about equal division but also about how to carry it out, so it is best done by a professional.
Courts also often see the advantages of mediation and refer to it. For example, in an emotional inheritance dispute where the father decided to disinherit his children and leave everything to his wife and youngest son.
When this case reached the Supreme Court (case 6588/94), the president of the Supreme Court at the time, Judge Dorit Beinish, recommended that the parties leave the court and engage in mediation; “In the presented case, as mentioned, scars were revealed, causing pain and suffering, and great bitterness from each party’s perspective. Before concluding, it is worth adding that we tended to understand the appellants’ feelings of being wronged by the will that disinherited them in favor of their father’s wife and youngest son. The evidence clearly shows that the appellants’ relationship with the deceased was one of love and closeness, and there is no dispute about this. As we said in another case, we also believe that the parties would have done well – if only because of their family closeness – to reach some understanding and compromise.”
Advantages of Mediation in Inheritance Disputes
Mediation usually takes a short time, especially compared to legal proceedings.
- Lower costs
- Meeting times are according to the parties’ wishes, unlike court where they must adjust to the schedule
- Solutions are agreed upon, reducing the likelihood of objections and non-compliance
- Creates respectful dialogue and communication between conflicting parties, unlike a court that ultimately sides with one party
- If the parties fail to reach an understanding, they can always turn to the court, but it is advisable to attempt to undergo mediation first
- The mediation process is private and regulated by confidentiality agreements
- Full control of the parties over the nature and details of the agreement, without a third party imposing it
- Support even after reaching an agreed arrangement, for issues that arise over time and require solutions
Family disputes inherently raise many emotions, alongside economic difficulties, personal challenges, adjusting to a new situation, and preventing future problems. Therefore, it is essential to find a sensitive and experienced mediator who is also a lawyer specializing in family law and contracts, to find solutions with a comprehensive personal and family perspective. Our office specializes in family law and mediation, where you can find experienced lawyer mediators ready to meet with you, advise you, and answer any questions.
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