Practice and procedure—compromise—contentious trusts and estates
Produced in partnership with James Davies and Justin Perring of New Square Chambers
Last updated on 20/12/2021

The following Private Client practice note produced in partnership with James Davies and Justin Perring of New Square Chambers provides comprehensive and up to date legal information covering:

  • Practice and procedure—compromise—contentious trusts and estates
  • Introduction
  • Judicial approach to ADR and sanctions
  • Checklist for ADR in trusts, estates and inheritance disputes
  • Trustees and personal representatives—section 15 Trustee Act 1925
  • Checklist for advising trustees on section 15 and compromise
  • CPR Part 64 and PD64B—directions from the court
  • Procedure
  • Evidence
  • Case management
  • More...

Practice and procedure—compromise—contentious trusts and estates

Introduction

Compromise in trusts, estates and inheritance disputes is often achieved following the parties’ engagement in a form alternative dispute resolution (ADR), often mediation. It is essential that the parties and their representatives (and ideally the mediator) are live to the legal and procedural matters steps necessary to bind the parties and formally dispose of the dispute.

Judicial approach to ADR and sanctions

ADR is an important tool in the resolution of trusts, estates and inheritance disputes. It forms a prominent part of the Association of Contentious Trusts and Probate Specialists’ Practice Guidance for the Resolution of Probate and Trust Disputes, and is a central part of the court’s case management powers in furthering the overriding objective under the Civil Procedure Rules (CPR). See:

  1. Association of Contentious Trusts and Probate Specialists’ Practice Guidance for the Resolution of Probate and Trust Disputes (ACTAPS Code paras. 2.3-2.13)

  2. Practice Direction—Pre-Action Conduct and Protocols (paras. 8-11)

  3. CPR 1.3, 1.4(1) and (2) and 3.1(2)(m)

Standard form court orders often strongly encourage parties to consider participating in ADR, explaining that the court may require an explanation of any failure to engage in ADR, and warning that such failure may give rise to adverse costs orders.

The court does not simply pay lip-service to the importance of engaging in ADR: it is willing to make adverse costs orders.

  1. in Wales (t/a Selective

Related documents:
Key definition:
Disputes definition
What does Disputes mean?

There is a tPR Code of Practice on dispute management and regulation.

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