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Sadly, it is not uncommon for disputes to arise between beneficiaries under a Will, or between family members where the Settlor dies intestate. There are also third parties who may bring claims against the Estate, arguing that the Settlor should have made “reasonable financial provision” for them.
Eve approaches these cases with sensitivity and empathy, helping to enable safe communication (the parties may, for example, be unable to meet in person on the day as emotions will run high). Mediation is an effective tool to identify respectful and creative outcomes, in a relatively time and cost efficient manner. Sometimes these mediations result in Parties rekindling relationships. Even if this is not possible, then at least a settlement can allow the family to draw a line under the dispute and finally grieve in peace.
Eve enjoys working with Parties on longer term mediation projects, such as restructuring high net worth families’ assets in a way to cater to different Parties’ needs whilst respecting the Settlor’s wishes and values. For example, Eve has experience of working with siblings who were equal beneficiaries under a number of Trusts, where one sibling wished to exit the Trusts and realise a fair value for their share. This mediation project was a co-mediation exercise, held in hybrid meetings and over a 4 month period.
Eve has also worked on mediation projects in the insolvency sector, shareholder disputes and in relation to a large accountancy practice negotiating the terms on which its Paris office would exit the partnership. These took place over periods of up to 3 months’ time and concluded with a full settlement.
