College of Law in Birmingham -

Mediation in Resolving Contentious Probate Disputes

Miranda Allardice and Barbara Rich are running the Law Society Private Client seminar “Mediation in Resolving Contentious Probate Disputes” on May 19th at the College of Law in Birmingham.

Barbara Rich and Miranda Allardice of 5 Stone Buildings will take you through a case study of a complex mediation. This seminar, accompanied by a toolkit of practical examples, will provide a comprehensive guide to the use of mediation in resolving contentious probate disputes, including an update on the latest case law. It is aimed at both litigators and private client practitioners. The mediated claims outlined in the presentation will include a probate action, Inheritance Act claim, and issues relating to the administration of the estate.

This session will cover issues surrounding:

  • The reluctant participator: PGF II SA v OMFS (2013)
  • Preparation of a persuasive position statement
  • Round table problems
  • Capacity: Dunhill v Burgin (2014)
  • Conflict between litigious personal representatives
  • Confidentiality & privilege: BE v DE (2014)
  • Reality testing in a probate dispute
  • Heads of agreement: Newbury v Sun Microsystems (2013)
  • Full & final settlements: Pinnock v Rochester (2011)
  • Tax considerations
  • Costs: section 46 of the Legal Aid Sentencing and Punishment of Offenders Act [2012]

All the details of the course and venue can be found here