The loss of a loved one is a very tragic time for any family.
However, many families also find themselves under the complicated process of inheritance. This is where a will or a probate comes in handy.
However, even when there is a will that clearly states all the details of the process of inheritance, the legality of the document can be brought into question.
More often than not, such a dispute generally requires a probate from the legal courts will be needed to validate the issue of the inheritance and resolve the issue.
A probate is issued by a court when there is no will that will declare the inheritance as per the law of the country.
However, a disputed will can also be legitimized into a probate by the order of a court
Making through these issues can be quite a stressful experience, especially considering the situation that caused the problem and while the application of law may seem like a quite solution to the problem, it is easier said than done.
The first things that will have to be done will be to verify all the various claims that are being made before a decision is made. In fact, it is not common for the rigidity and formality associated with a court of law along with the formal environment itself to make it very difficult for people, especially those with prior emotional as well as interpersonal issues.
More often than not, the dispute escalates into a proper legal battle.
Due to these reasons, mediation has become the favoured method of resolving will as well as probate related legal issues.
In most small cases, it is actually recommended by the court of law as a preliminary procedure before they issue a probate.
Usually, the family themselves opt for this procedure as it is a very useful way of resolving issues which may or may not have legal implications without the need to resort to legal proceedings.
A mediator is a trained professional who has the experience as well as the resources to resolve issues.
They will conduct meetings as well as discussions between all the parties that are involved.
They act as a neutral third party observer and their main job is to ensure that the discussions and meetings go smoothly.
They are not there to provide legal advice or any type of guidance to any particular party. They main responsibility is to help all parties that are involved in the dispute to come to a mutually agreed upon conclusion to the issue of inheritance, one that everyone of party stands to benefit from.
There are multiple benefits that one gets by hiring a mediator instead of opting for legal proceedings.
One of the biggest is the fact that it is a more cost effective solution to the problem. The cost of services of a mediator is much less as compared to the costs associated with formal processes as well as legal fees.
It is also faster since it usually takes about a few weeks to complete unlike legal proceedings which could drag on for months. However, the greatest advantage of mediation is that if ensures that the dispute settles of a positive note and the family members and walk out of the problem without severing family ties.