Question 1

What is arbitration in probate disputes?

Accepted Answer

Arbitration in probate disputes is a private process where a neutral third party, known as an arbitrator, makes a binding decision regarding disagreements related to a deceased person's estate.

Question 2

How does the arbitration process differ from court litigation?

Accepted Answer

Unlike court litigation, arbitration is generally less formal, quicker, and more flexible. The parties have more control over the process, including the selection of the arbitrator and the rules governing the proceedings.

Question 3

What steps should I take to prepare for arbitration?

Accepted Answer

To prepare for arbitration, you should familiarise yourself with the arbitration process, select a suitable arbitrator, and develop your arguments by structuring your key points effectively.

Question 4

How do I choose the right arbitrator for my case?

Accepted Answer

When selecting an arbitrator, consider their experience in probate matters, their reputation, and their approach to arbitration. It can also be helpful to choose someone whose style aligns with your expectations for the process.

Question 5

What are some effective ways to structure my arguments for arbitration?

Accepted Answer

To structure your arguments effectively, focus on outlining your key points clearly, providing evidence to support your claims, and anticipating counterarguments from the opposing side.

What should I do if I suspect executor misconduct?What steps should I take to prepare for arbitration?

How do I choose the right arbitrator for my case?If you suspect executor misconduct, you should gather evidence and consider seeking legal advice to address the issue through the appropriate legal channels.