News & Analysis as of

Dispute Resolution Wills

Miles Mediation & Arbitration

Preserving Relationships and Crafting a Resolution: The Advantages of Mediation in Probate Disputes

While every probate dispute is unique, there are some issues that commonly arise. When the validity of a will or trust is contested, one family member or group may accuse other family member or members of undue influence or...more

IR Global

Funeral Disputes and the Rights to a Body

IR Global on

It is not uncommon for a dispute to arise over a funeral and the rights to a body. Over half a million people die each year in England and Wales with 581,363 deaths registered in England and Wales in 2023....more

Patton Sullivan Brodehl LLP

Disputed Real Property Inheritance Must Be Resolved Before Partition Action

The California Court of Appeal recently reaffirmed that a party’s ownership interest in real property must be clearly established before the party can have standing to bring an action for partition of the property. ...more

WilmerHale

New Supplemental Swiss Arbitration Rules for Trust, Estate and Foundation Disputes

WilmerHale on

The Swiss Arbitration Centre published the Supplemental Swiss Rules for Trust, Estate and Foundation Disputes (“TEF Rules”) on 22 May 2025. They come into effect on 1 July 2025, and apply to trust, estate and foundation...more

Stark & Stark

Litigation Concerning an Executor’s Accounting

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As discussed in a previous blog, prior to an executor making distributions from an estate he/she must produce an accounting which the beneficiaries of an estate are entitled to review. Provided that the accounting is...more

Mandelbaum Barrett PC

Navigating Probate Litigation in New York: A Comprehensive Guide

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Probate litigation can be a complicated and emotionally taxing process, especially in a state like New York known for its stringent probate laws. When disputes arise over the distribution of assets or the validity of a will,...more

Hendershot Cowart P.C.

Alternatives to Litigation in a Will Contest or Probate Dispute

When conflict arises in the settling of an estate – especially a high-net-worth estate – the parties involved may look to the courts to help resolve the dispute. Litigation is one way to settle probate disputes, but it is...more

NAM (National Arbitration and Mediation)

Resolving Trust and Estate Disputes Utilizing Virtual ADR

The New York Law Journal Alternative Dispute Resolution (ADR) Special Report - Contested matters in the Surrogate's Courts of New York are part of the trend of increasing litigation in our society.  They are no less...more

Winstead PC

Presentation: The Use of Arbitration, Forum-Selection, Jury-Waiver Clauses in Trust & Estate Litigation

Winstead PC on

David F. Johnson presented his paper “The Use of Arbitration, Forum Selection, and Jury-Waiver Clauses in Trust and Estate Litigation in Texas” to the Texas Bar Association’s Fiduciary Litigation Course in San Antonio on...more

Downey Brand LLP

Look! Up in the Sky! It’s Sibling Lawyer!

Downey Brand LLP on

I’m a sibling lawyer. My career started early, as a middle child, and now continues as a Sacramento-based trust and estate litigation attorney. Most of my clients are grappling with sisters or brothers over the care and...more

JAMS

Best Practices for Managing Wills Between Family Members

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A mother dies, leaving her daughter 75 percent of her estate. Her son, who thought he would receive 50 percent, contests the will. The daughter claims that their mother must have changed her will to compensate the daughter...more

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