Psychology of trust and estates disputes
Published by a LexisNexis Private Client expert
Practice notesPsychology of trust and estates disputes
Published by a LexisNexis Private Client expert
Practice notesPsychology of disputes
This Practice Note is written from a trust and estates lawyers perspective, not a psychologists.
Common triggers of disputes
Most disputes arise from a trigger situation—a change in circumstances whereby a family member(s) realises their expectations are not being met by the reality of the situation.
Death of the family matriarch or patriarch
A common trigger situation is the death of the family matriarch or patriarch—the person who had an esteemed position within the family and accordingly controlled significant personal wealth. When the expectations of certain family members are not matched by the reality of the situation litigation may ensue. For example, perhaps the deceased’s Will prefers one child rather than others, or children of a previous relationship over a subsequent spouse.
Where assets are left on trust, beneficiaries (who may be of a mature age themselves) may not like the controlled given to the trustees and where
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