Mediation can help solve the tangles left behind after a death, say Beverly-Ann Rogers, Katherine McQuail and Tracey Angus
Many Chancery disputes involve a fight between the current partner of the deceased at the time of his or her death and the children of a former relationship as to how the estate should be split between them. Indeed, the reading of a will is a well-known catalyst for family schisms and even, it is said, psychological disorders.
The dispute typically rests on the perceived unsatisfactory consequences of intestacy or testamentary provisions, an ambiguity or error in the drafting of the deceased's will or the rights of family members to make a claim for a share or increased share of the estate under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975).
Ultimately such disputes are about the way in which money and assets should be shared out. However, the family history which attaches to the acquisition of the money—it was inherited from the children's other parent—and
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