Successful Mediation Of Estate Litigation
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Mediation, always a good idea in civil cases, is an especially attractive option in contested estates.
The first reason to choose mediation is the flexibility it can afford, as trial will only result in either a win or a loss. Will contests are often tried before a General Equity judge, but unlike the equitable options available in most Chancery matters, the judge in a will contest is precluded from tailoring an equitable remedy appropriate to the facts at hand.
The Wills Act, N.J.S.A. 3B:3-1 et seq., and the New Jersey case law interpreting that statute, generally requires that a contested will either be probated or set aside. Where a contested will is set aside, the estate will pass either by intestate succession or according to the terms of the last prior will of the decedent. Mediation affords a helpful flexibility not available at trial. A good mediator will assist with creative solutions appropriate to the facts of each case. These solutions may include provisions to buy out real estate, to modify percentages amongst beneficiaries, or to provide for a special needs beneficiary. The possibilities are not restricted by the pleadings, thus, allowing for creative solutions appropriate to the particular estate to be reached at the mediation.
Read more: www.njlawjournal.com/id=1202722400011/Successful-Mediation-Of-Estate-Litigation#ixzz3WcdZNJW1
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