The Court has once again highlighted the importance of ADR or mediation in disputes about wills and probate. The case was that of Rea v Rea
This was a second appeal against a decision of Deputy Master Arkush (the “Deputy Master”) given on 13 September 2019 after a two-and-a-half day trial. The Deputy Master admitted to probate the will of Anna Rea (“Mrs. Rea”) made on 7 December 2015 (the “2015 Will”). The parties to the case were Mrs. Rea’s four children.
The Court of Appeal judge held that:
“The result is that the matter will have to be remitted to the High Court for a retrial. Without making any observations whatever on the merits, that is a most unfortunate result. Quite apart from the emotional stress for the parties of a retrial, when added to the irrecoverable costs incurred to date, the further irrecoverable legal costs which will inevitably be incurred will only serve to reduce the limited benefits available from Mrs. Rea’s estate for the successful party or parties. The consequences for the loser(s) will inevitably be much worse.”
“I would, therefore, strongly urge the parties to these proceedings to do everything possible to reach a consensual settlement of their differences rather than fight out a retrial. In particular, serious consideration ought to be given to mediation. In that regard, if the parties request it, I see no reason why this court cannot, as part of the exercise of its power to order a new trial pursuant to CPR 52.20(2)(c), direct that such trial should not take place for a specified period, and stay the proceedings in the interim to enable such mediation to occur.
The outcome is a tragedy for the whole family. The tangible benefits deriving from the relatively modest estate will have been seriously depleted by the costs of the original trial and the appeal. A further trial may well exhaust them completely. Like Snowden LJ, I urge the family to do everything possible to arrive at a consensual solution.”
Needless to say, we endorse what the Court of Appeal said. In claims involving disputed wills it is often the case that costs can easily outweigh the estate value and it makes sense to mediate, not least as such cases often involve members of the same family.