Probate & Trust Mediation in Devon and Cornwall

Disputes about property, estates and inheritance — whether between unmarried couples, co-owners, beneficiaries or executors — are among the most sensitive and emotionally charged cases that come to mediation. They are rarely only about money, and the relationships involved usually have to survive the outcome. Laurence brings both legal knowledge and careful handling to help parties reach a resolution.

Types of probate and trust disputes

Laurence mediates TOLATA (Trusts of Land and Appointment of Trustees Act 1996) disputes between co-owners, beneficial interest claims where one party asserts a share of property not reflected in the legal title, disputes about adverse possession and the acquisition of title by long use, and disagreements between family members about the ownership or occupation of property. He also mediates contested probate and inheritance disputes, including disagreements between beneficiaries under a will, claims under the Inheritance (Provision for Family and Dependants) Act 1975, disputes with or between executors and administrators, and all related matters.

The cost of fighting over an estate

Estate disputes carry a particular risk: the money spent on the fight frequently comes, one way or another, out of the very estate the parties are arguing about. A contested claim that runs to trial can consume a substantial part of what is in dispute. Mediation allows the parties to stop that erosion while there is still something meaningful left to divide.

Why mediation works well

These disputes arise in the context of bereavement, relationship breakdown or long-standing family conflict, and the parties usually have a relationship that has to survive the outcome. A judgment decides the question put to the court and leaves everything else untouched. Mediation provides the confidential space for conversations that cannot easily happen in correspondence, and it allows the parties to settle matters a court would not deal with — arrangements for chattels and personal items that often matter most of all, who is to take responsibility going forward, and confidentiality so that a family dispute stays private.

Laurence's approach

Laurence is experienced in the legal framework for co-ownership disputes — the Stack v Dowden line of cases, the constructive trust and proprietary estoppel principles — and in the practical realities of estate administration. He is used to handling the strong feelings these cases carry without losing sight of the financial questions that have to be answered, and to helping parties engage with the real issue — including the practical question of what is to happen to the property.