What happens to a will contest if it goes to mediation?
Direct Answer
A will contest — a challenge to the validity of a will, often on grounds such as undue influence, lack of capacity, or improper execution — can be one of the most bitter and expensive forms of probate litigation.
A will contest — a challenge to the validity of a will, often on grounds such as undue influence, lack of capacity, or improper execution — can be one of the most bitter and expensive forms of probate litigation. In mediation, the parties can negotiate a resolution that avoids the risk and cost of a trial, where the outcome is uncertain and the estate is depleted by fees regardless of who prevails. Common mediated resolutions include a negotiated adjustment of the distributions, a family settlement agreement that all beneficiaries accept, or arrangements that address the specific concerns underlying the contest. Because the parties craft the agreement themselves, it can resolve not just the legal challenge but the family dynamics driving it.
Expert reviewer
Charles “Trip” Bechert III
Charles “Trip” Bechert III is a Pompano Beach, Florida, trial attorney and Florida Supreme Court Certified Circuit Civil and Family Mediator.
Reviewed September 3, 2026
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