Is Mediation Required Before an Estate Partition Action?

Estate Partition and Registration of Inheritance

Prepared by: Constantinople

Mediation must be attempted before proceedings concerning partition of movable or immovable property and dissolution of co-ownership. Not every inheritance-related action, however, falls under the same rule. We do not put a deceased person’s sham transaction, reduction or another claim under this heading solely because inheritance is involved. We first identify the intended legal outcome and appropriate route.

Applying to mediation does not mean you must accept the other party’s proposed price or reach agreement. Which asset, share and payment terms are being discussed must be clear. Preparing an agreement solely from an oral family account of partition may create undertakings incompatible with title and inheritance records. We therefore establish a document-based negotiating framework before the application.

Preparation requires the inheritance certificate, title or other asset records, earlier offers and addresses of all known interested persons. If a property transfer is envisaged, the agreement’s form, implementation and necessary approval procedures must be examined separately. If no agreement is reached, the final record and scope of the application are checked against the intended action; attending discussions alone does not prepare the litigation file.

If you seek representation from abroad, we assess beforehand whether the power of attorney covers mediation and the contemplated agreement. We do not draft sale, collection or settlement authority more broadly than needed. In the paid review, we define both negotiation objectives and the route if agreement fails in a written scope of work; we promise neither settlement nor a litigation result.