How to reduce estate and trust litigation

Jonathan G. Blattmachr (Partner, Milbank, Tweed, Hadley & McCloy LLP) recently authored an article entitled Reducing Estate and Trust Litigation Through Disclosure, In Terrorem Clauses, Mediation and Arbitration, 9 Cardozo J. Conflict Resol. 237 (2008).

Here is an excerpt from the article’s Introduction:

This Article discusses how litigation relating to the administration of estates and trusts might be reduced through by careful planning prior to the property owner’s transfer of wealth during lifetime or at death. As the article details, litigation involving trust and estate matters often involves an emotional element not present in most other legally disputed matters. That also suggests that methods to reduce the risk of such litigation occurring may be unique to such matters. In Part 1, certain background matters relating to the climate for such litigation are presented. In Part 2, the historic “tool” of a disinheritance clause in an instrument is discussed. In Part 3, six specific ways in which litigation or the scope and cost of litigation relating to the administration of estates and trusts might be reduced, including the use of mandatory mediation and arbitration, are presented.