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Estate litigation is not always necessary or the best option

The death of a loved one can either bring a British Columbia family together or cause contention. When the process of settling the estate results in confrontations, questions and suspicions, the parties involved may consider estate litigation. However, that may not always be the best option or even be necessary.

Your deceased loved one probably did not intend his or her estate administration to cause friction within the family. Understandably, emotions tend to run high at such a difficult time, but this does not need to irreparably harm your relationships with other family members. Instead, you may want to consider an alternative way to resolve the disputes arising from the will, trust or other circumstances.

Mediation could provide the alternative you need. It often costs less, takes less time and can help you retain your relationships. Each party has the opportunity to express his or her views on the matter, and the mediator helps keep everyone on track toward settlement.

Unlike a traditional courtroom battle, the mediator encourages you to work out a settlement together instead of pitting you against each other. Moreover, you retain the control over the outcome, which tends to increase satisfaction with the final result. If you go to court, you leave your future up to a judge, and you may not like how that future looks.

Estate litigation has its place and can effectively resolve disputes among family members. However, if your situation does not require that level of legal intervention, using mediation could give you the best option for an amicable outcome that leaves your family relationships intact. You really have nothing to lose. If for some reason mediation fails to provide the desired results, you could still make use of British Columbia's traditional legal system.

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