We often talk about the importance of good estate planning in securing a client’s legacy. But what happens when it all goes wrong?
Australia is now facing the perfect conditions for inheritance disputes and Western Australia is no exception.
Against the backdrop of the Great Wealth Transfer, the largest generational handover of wealth in history, we’re seeing:
- More blended and step-families
- Fractured or estranged relationships
- Broader recognition of de-facto partners
- Cost of living pressures
- Growing anxiety among younger generations about financial security
Together, these factors create fertile ground for conflict.
Litigating inheritance disputes to the bitter end rarely delivers peace. It consumes wealth, destroys relationships and often leaves every party worse off, even those who win.
The landscape of inheritance claims
Our research shows that around 60% of West Australians expect an inheritance dispute within their family.
The WA Supreme Court, which hears all estate litigation, is busier than ever. Family Provision Act claims, where someone argues they have not been properly or adequately provided for, dominate the list.
A review of this year’s published Family Provision cases so far reveals:
- Average duration to trial: 871 days
- Average time for judgment: 340 days
- Average estate size: $1.3 million
- Claimants: 50% children and 50% spouses or de-facto partners
That is roughly three years of delay, costs and emotional exhaustion. So what is the alternative?
Why mediation works
Alternatives to litigation are not new, but they are increasingly necessary.
Mediation allows parties to resolve disputes quickly and privately, avoiding the costs, publicity and uncertainty of trial.
It is not about winners and losers: it’s about finding resolution.
A good mediation result gives everyone something:
- Speed – disputes settle faster
- Cost savings – legal fees are far lower
- Certainty – families decide outcomes, not a judge
- Confidentiality – settlements stay private
- Legacy – wealth is preserved for intended beneficiaries
For families defending a Will challenge, agreeing to a compromise can feel difficult, but it is often the smartest way to honour the deceased’s intent and protect the estate.
Mediation in the court process
In WA, mediation is now built into the process.
The Supreme Court mandates early, structured mediation in all Family Provision matters.
- Claims cannot proceed without first attempting mediation
- Conferences are run by experienced Registrars or Judges trained as accredited
- mediators
- Discussions are without prejudice, meaning nothing said can be used later in court
- Official data is not published, but our experience shows around 80% of Family
- Provision claims settle at the first mediation. Nationally, more than 95% resolve
- before trial.
We now see mediation used within all types of inheritance, trust and estate challenges, run in the Supreme Court. Other paths to resolution
Mediation can also occur outside of court, and takes many different forms.
Private mediations, facilitated sessions and Collaborative Practice all offer flexible, people-driven ways to reach agreement.
Private mediation involves an accredited mediator chosen by the family, help the parties to identify issues and negotiate practical outcomes.
Neutral facilitation services can assist families with agenda-setting, planning a new direction and helping to drive consensus.
Collaborative Practice brings together families, lawyers, accountant and financial advisors under a neutral coach, to resolve disputes without resort to litigation.
These approaches suit families who value discretion and wish to preserve relationships.
They reduce stress, protect assets and keep control in the hands of those most affected.
Why mediation is not always used
There are times when court action is unavoidable.
Urgent applications to preserve assets, statutory deadlines or a total breakdown in communication can make litigation necessary. Some families simply want their day in court. Others do not know there is a better way.
We know that sometimes families need the finality of Court orders to settle a dispute. But in most cases, the risks and reality of trial make this unappealing.
Handled properly and early, mediation delivers faster and more flexible outcomes. It reduces financial waste and emotional damage, and helps protect family legacy.
Preserving wealth and dignity
Inheritance disputes are now a common feature of modern family life, but the way they are resolved determines what is left behind.
When handled well, a mediation process can bring control back to families, protect relationships and preserve wealth that might otherwise be lost to years of litigation.
The process demands openness, patience and expert guidance. With the right support, families can move past conflict, reach practical agreements and honour the wishes that underpin every estate plan.
Smart mediation, guided by experienced estate planning lawyers, allows families to protect both wealth and dignity, ensuring that legacy is not defined by dispute.
