Mediating Probate Disputes Effectively

Prior to his death in December 2020, Joseph Safra, a banking magnate with a $25 billion banking empire spanning from the canons of Switzerland to Sao Paolo, was bedridden with a brain tumour. Whilst on heavy medication, his final Will was redrawn on his death bed. Joseph’s middle son, who was disinherited entirely under the terms of the final Will, considered the change to have been made at the behest of his mother and two other siblings.

The big question was simple: did Joseph have the relevant testamentary capacity to make a revised Will?

Three-and-a-half years on from Joseph Safra’s death, a settlement has finally been agreed between his surviving family members. Terms of settlement are confidential and we do not know whether an agreement was reached at mediation, through correspondence or by some other means with the parties simply releasing a statement to confirm that they are ‘pleased to put this matter behind [them]’ and wish to ‘reaffirm [their] family bonds’.

What was the true cost to the family from a relationship perspective?

In circumstances where there has been a death of a loved one and family members are in dispute, emotions are understandably running high. The situation can be even further exacerbated in circumstances where family members are either still grieving or, even worse, have not yet had the opportunity to start the grieving process prior to the dispute arising. When family members are bitterly fighting following the death of a loved one, the emotional kickback can be akin to a painful divorce. After three-and-a-half years of bitter infighting for the Safra family, there is clearly a need for them to focus on trying to mend family relationships.

Birketts’ Private Wealth Disputes Team has considerable experience in advising clients on all forms of alternative dispute resolution, including mediation. From the outset of your matter, we give careful consideration to appropriate timings for settlement discussions, so that parties can act promptly to try and narrow their differences. In our experience, this approach can help to preserve precious family relationships which may otherwise break down and be lost because of protracted probate disputes.