Mediation Leads to a Flurry of Will Dispute Successes

May 27, 2015

It has been a busy time in the Wills and Trust Dispute team. Within a space of 10 days Daniel Winter has represented clients in two very substantial cases that went to mediation. The first was a claim on behalf of a disappointed beneficiary against a Will writing firm for negligence in the drafting of her father’s Will. The mediation was a success and compensation was secured for our client who has expressed her thanks to Daniel and his team, saying, “Thank you again. You were great and I couldn't have asked for more.” 

This success was quickly followed by another when the validity of the last Will and Testament of a famed and very well regarded figure in Formula 1 and world motor racing was upheld on behalf of our client, the deceased’s partner. The Will had been challenged with allegations that it was invalid due to the deceased individual not having the necessary mental capacity and being the victim of undue influence at the time the Will was prepared. 

Through a combination of detailed investigation, robust representation and skilful negotiation, Daniel ensured that our clients prevailed and achieved the right results.

Daniel Winter comments “Mediation is becoming more and more important as a way of resolving disputes. Cases can take many years and many thousands of pounds in costs to reach a trial in court. Mediation at an early stage can avoid much of the delay and expense involved in litigation, and the results can often be more advantageous. Gone are the days when agreeing to mediate was viewed as a sign of weakness. Mediation is now encouraged and this is echoed by the judges who have come down on parties who unreasonably refuse to mediate. If you believe in your case and are prepared to negotiate hard, you have nothing to fear. In both these recent cases my clients have ended up with results comparable if not better than what they would likely have achieved in two years’ time if they had gone to trial, without the additional risks, stress, costs and waiting.”

Daniel is an Associate Solicitor and a Registered Contentious Trusts and Probate Specialist with ACTAPS, the recognised body of experts dealing with disputes concerning Wills, trusts and probate. 

For further information and to find out how we can help you, please contact our Wills and Trust Disputes Team on 01279 755777 or contact Daniel directly. 

Daniel Winter

About the author

Daniel Winter

Daniel joined Nockolds in 2009 and is a Partner in our Commercial and Property Litigation Team. Daniel has been practising as a qualified Solicitor for ...

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