Key takeaway: Estate and inheritance disputes — contested wills, executor conflicts, family provision claims — can be resolved through mediation in weeks rather than years. Mediation is private, preserves family relationships, and typically costs a fraction of litigation. Most inheritance disputes that go to court settle eventually anyway, but only after enormous cost to both the estate and the family.
Types of estate disputes we mediate
Inheritance disputes take many forms. Mediation can address almost all of them:
- Contested wills. A beneficiary or excluded family member claims the will is invalid — because the testator lacked capacity, was unduly influenced, or the will was incorrectly witnessed.
- Family provision claims. An eligible person (spouse, child, former spouse, de facto partner, dependant) claims inadequate provision was made for them in the will or on intestacy.
- Executor disputes. Beneficiaries challenge how the executor is administering the estate — delays, poor investment decisions, conflicts of interest, or suspected misappropriation.
- Jointly-held property and assets. Disagreements about what falls within the estate versus assets held in trust, joint names, or through superannuation nominations.
- Superannuation death benefit disputes. Where a dependant challenges a trustee's decision about how super is paid following death.
- Business succession disputes. Where the deceased held an interest in a family business and successors disagree about valuation, buyouts, or ongoing management.
- Disagreements about estate administration. Sale of the family home, distribution timing, valuing personal items with sentimental significance.
Estate disputes can escalate quickly. Early mediation protects the estate and the family. Book a free consultation.
Book a free consultation →Why mediation works for estate disputes
Estate disputes have a particular character that makes mediation especially well-suited. Unlike commercial disputes between strangers, inheritance conflicts occur within families — people who will remain related for life and who share children, grandchildren, and memories. The stakes are not only financial; they are relational and emotional.
Litigation destroys what mediation can preserve. A court process in which siblings file affidavits detailing each other's failings, question the deceased's mental capacity, or allege undue influence causes harm that outlasts the outcome. Many families that litigate an estate dispute do not recover from it.
Mediation creates a different dynamic:
- Confidentiality. Unlike court proceedings, mediation is private. Nothing said in mediation can be used against a party in subsequent litigation. Families can speak honestly without fear of it appearing in a judgment.
- Flexibility. A court can only divide money. A mediator can help parties reach agreements that involve property, personal items, ongoing arrangements, apologies, and relationship repair — things no judge can order.
- Speed. Probate litigation takes one to three years. Estate mediation typically resolves disputes in one or two sessions over a matter of weeks.
- Estate preservation. Legal fees in contested estate matters are typically paid from the estate — reducing what beneficiaries receive. Mediation protects the estate.
The mediation process for estate disputes
Estate mediations follow a structured but flexible process:
- Pre-mediation preparation. Each party provides relevant documents — the will, asset valuations, superannuation statements, correspondence from the executor. The mediator reviews these before the session and may speak with each party individually.
- Joint session opening. The mediator explains the process, ground rules, and confidentiality. Each party has an opportunity to describe their perspective and what they are seeking.
- Separate sessions (caucus). The mediator meets privately with each party — often multiple times — to explore interests beneath stated positions, test options, and reality-check expectations.
- Negotiation and agreement. The mediator helps parties move from positions to interests, and from interests to workable options. Where agreement is reached, it is documented.
- Formalising the outcome. Depending on the nature of the dispute, the agreement may be formalised as a deed of settlement, consent orders in the Supreme Court, or a variation to the estate distribution recorded by the executor.
Solicitors may attend or be available for advice without actively running the process. Many parties find that having their solicitor present — but in a supporting rather than leading role — gives them confidence without escalating the process into adversarial territory.
Costs: mediation vs probate litigation
| Factor | Contested probate litigation | Estate mediation |
|---|---|---|
| Typical duration | 1–3 years | 2–8 weeks |
| Legal costs (per party) | $30,000–$120,000+ | $2,000–$8,000 total (shared) |
| Who pays | Often the estate (reducing distribution) | Parties share mediator fee |
| Privacy | Public (Supreme Court proceedings) | Fully confidential |
| Relationship impact | Typically severe | Usually manageable |
| Outcome flexibility | Limited — court orders only | Tailored — can include non-financial elements |
The cost comparison is stark. Legal costs in estate litigation are routinely paid from the estate — meaning every dollar spent on lawyers comes out of what beneficiaries inherit. A $500,000 estate that incurs $150,000 in combined legal fees distributes $350,000. Mediation costs a few thousand dollars.
Protect the estate and the family. Speak to a specialist estate mediator at no cost.
Book a free consultation →Family provision claims and mediation
Family provision claims — where an eligible person challenges a will on the ground that inadequate provision was made for them — are among the most common estate disputes in Australia. Each state and territory has its own legislation governing these claims, with different eligibility criteria and time limits:
| State/Territory | Governing legislation | Time limit to file |
|---|---|---|
| NSW | Succession Act 2006 (NSW) | 12 months from death |
| VIC | Administration and Probate Act 1958 (VIC) | 6 months from grant of probate |
| QLD | Succession Act 1981 (QLD) | 9 months from death |
| WA | Family Provision Act 1972 (WA) | 6 months from grant of probate |
| SA | Inheritance (Family Provision) Act 1972 (SA) | 6 months from grant of probate |
Mediation can be used for family provision claims at any stage — before filing, after filing but before hearing, or (with court direction) during proceedings. Many courts actively encourage parties to attempt mediation before listing a final hearing. The Supreme Court of NSW, for example, routinely refers family provision matters to mediation.
When the executor is the problem
Executors have significant obligations — to administer the estate promptly, honestly, and in accordance with the will. Where beneficiaries are concerned that an executor is not meeting those obligations, the options range from informal resolution to an application to the Supreme Court to remove the executor.
Mediation offers a middle path. In a structured session, beneficiaries can raise concerns about delays, asset handling, or suspected self-dealing. The executor can respond with their perspective and the practical constraints they face. Many executor disputes arise from miscommunication and poor transparency rather than bad faith — and mediation resolves those efficiently without the nuclear option of court proceedings.
Where there is genuine evidence of misappropriation or fraud, mediation is less appropriate — legal advice and potentially court action are warranted. We will say this plainly if it applies to your situation.
When mediation isn't appropriate
Mediation is not right for every estate dispute. It is unlikely to succeed where:
- There is strong evidence of fraud, forgery, or financial elder abuse — these require court investigation and potentially police involvement
- A party lacks the legal or mental capacity to participate meaningfully
- There is a significant power imbalance and one party cannot advocate for themselves even with support
- Emergency orders are needed to freeze assets or prevent dissipation of the estate
If any of these apply, we will tell you in the initial consultation and help you understand your options.
Frequently asked questions
Does the executor have to attend mediation?
The executor is a necessary party to most estate mediations — they administer the estate and must implement any agreement. We can assist with engaging executors who are reluctant, and explain the practical and legal implications of refusing to participate in good faith.
What if some beneficiaries are overseas or interstate?
Mediations Australia conducts estate mediations online and by videoconference. Parties can participate from anywhere in Australia or internationally. We have experience facilitating multi-party estate mediations where parties are geographically dispersed.
Will we need lawyers at the mediation?
Solicitors can attend but are not required. Many parties prefer to have legal advice available — either with their solicitor present or available by phone — without having lawyers run the session. We recommend that any agreement reached is reviewed by a solicitor before being signed.
How long does an estate mediation session take?
Most estate mediations take a full day (six to eight hours). Complex disputes involving multiple parties, a contested will, and significant assets may require a second session. We schedule adequate time and do not rush outcomes.
Can we mediate a disputed will if probate has already been granted?
Yes. Probate being granted does not prevent mediation — it simply means the executor has formal authority to administer the estate. Family provision claims and distribution disputes can still be mediated after probate is granted.