See the new ‘Mediation of Probate & Trust Disputes’ page at www.carlislam.co.uk:
– Benefits.
– Tax-efficient efficient settlement of probate and trust disputes.
– Process.
– Mediation Agreement.
– Time-Zone Management.
– Pre-Mediation Zoom/TEAMS Calls.
– Preparation.
– Starting the conversation.
– Offers.
– Executing a Settlement Agreement.
– Tomlin Orders.
– Enforcement of Settlement Agreements.
‘In my experience and opinion, the cut and thrust world of contentious probate and trust litigation has very little to do with abstract notions of justice, and is actually more about perceptions and calculation. So, unless a party needs a court determination to move forward, e.g. as to whether a trust is valid or void, or the court must be involved, i.e. because the case involves children or other vulnerable beneficiaries, then why not do a deal instead? … Mediation is also an opportunity to transform an acrimonious probate dispute into a joint problem-solving exercise, by applying estate and business succession planning principles, to discover and unlock tax efficiency post-death, resulting in the consequential enlargement of the estate or trust fund pie for settlement. … The overwhelming majority of contentious probate/trust disputes never reach trial, because parties agree the structure and terms of a legally robust compromise. Between 92.3 – 94.4% settle, see paragraph 1.3 of my book, the Contentious Probate Handbook.’