Nonjudicial Dispute Resolution For Trust & Estate Matters

Gail E. Mautner (shareholder, Lane Powell) & Heidi L. G. Orr (shareholder, Lane Powell) have published their article entitled A Brave New World: Nonjudicial Dispute Resolution Procedures Under the Uniform Trust Code and Washington’s and Idaho’s Trust and Estate Dispute Resolution Acts, 35 Am. C of Trust and Estate Counsel J. 159 (2009). 

A synopsis of the article is below:

Nonjudicial dispute resolution procedures for trust and estate matters are increasingly popular to minimize the expense, complexity, and publicity of court procedures.  This article addresses the nonjudicial resolution procedures in the Uniform Trust Code, which has now been adopted in almost half the states, as well as provisions in Washington, Oregon, and Idaho that appear to reach the farthest into this “brave new world” of trust and estate nonjudicial dispute resolution.  The article addresses how the procedures apply in differing contexts, such as modifying or terminating trusts or streamlining trust administration.  The article concludes with helpful practice tips in using nonjudicial resolution procedures.