An Appeal by the RSPCA ……???!!!
The recent case between Dr Christine Gill and the RSPCA is a classic case where the Court costs have escalated out of all proportion to the sums involved and where the use of mediation at an early stage could have been used to settle the claim.
Dr Gill successfully challenged the Will in which her mother had left her £2 million estate to the RSPCA, alleging that her father had coerced her mother to make the bequest to the RSPCA for whom she had no time. Dr Gill's legal costs were estimated to be £900,000 and the RSPCA's costs were estimated at £400,000. No decision has been made on who should pay the costs. It is possible that the RSPCA will have to make a significant contribution towards Dr Gill's costs or alternatively the estate (ie Dr Gill) will bear all the costs.
Mediation is a form of alternative dispute resolution. It is a voluntary process and can be used at any stage either before or during Court proceedings. The mediator attempts to facilitate a settlement between the parties usually during the course of a day and 80% to 85% of cases which are referred to mediation settle on the day or shortly thereafter.
Claims over disputed Wills are ideal for mediation. Often there is a limited amount within the estate, and the costs which are incurred in fighting the Will, will often reduce the sums that the beneficiaries will receive, to virtually nothing.
By referring the case to mediation, the mediator can explore the parties concerns and resolve the issues, while at the same time respecting the testator's wishes which are usually held dear by all parties.
In the RSPCA/Dr Gill case had the parties been able to deal with their issues at mediation, it is more likely that
• The charity would have negotiated the right to receive a bequest, although smaller, rather than being left with a potential costs bill of £400,000.
• Dr Gill would have received more money as the saving on costs would have outweighed the sums she had to pay for the bequest to the RSPCA.
A far better outcome all round!
Mark Whittell
Solicitor and Mediator
North West Mediation Solutions
