Inheritance Disputes

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Inheritance Disputes

The loss of a parent or other close relative is often a difficult time for families. In addition to dealing with grief and loss, people are sometimes unhappy with the way things are being handled.

It is not uncommon for family members to fall out and lose contact during this period, sometimes permanently.

Mediation allows family members to discuss these issues in a constructive way, focusing on avoiding family disputes and finding practical solutions.

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Mediation FAQ's


Answer

If you’re on a low income you may be able to get legal aid to help pay for one or more of:

  • The Mediation Information & Assessment Meeting (MIAM)
  • Mediation sessions
  • Legal help in support for mediation

If your case isn’t suitable for mediation, in some circumstances you might get legal aid for other sorts of legal help.

Legal aid may be available to one or both of you and each person will be assessed separately. Even if only one person qualifies for legal aid, both will have the fee for the MIAM and the cost of the first full mediation session covered.

Answer

If you want to take your case to court, it is now – in most cases – a legal requirement to attend a MIAM. The other person involved is also expected to attend a MIAM, but they don’t have to go to the same meeting as you.

There are exemptions that mean you might not have to go to a MIAM. It can also be agreed at the MIAM that mediation isn’t right for you.  There are a range of options available for resolving family disputes so, even if mediation isn’t right for you, court isn’t the only other option.

Answer

There are a number of ways of dealing with family matters without having to make an application to court.

  • A divorce or dissolution of a civil partnership can only be granted by a court but this can be done without actually going to a hearing at court.
  • For many people, sorting out arrangements for children and agreeing how to split property and finances can be done without involving a court at all.

If you can’t work things out between you or have a family dispute, you will be expected to try to sort it out using mediation before going to court.


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