Mediation Articles
Practice note: Mediating trust and estate disputes
James Behrens explains how best to use mediation to resolve
disputes which concern trusts and estates. This practice note shows
you what to consider when preparing for a mediation, and how to
make the best use of the day itself in order to maximise the
prospects of achieving a good and lasting settlement.
Read the full article from PLC
Private Client here.
As legacies grow even bigger, families show an increasing will
to call in their lawyers
Lawyers are seeing an extraordinary rise in the number of
disputes over wills. There has been a threefold increase since
2004, according to City law firm Wedlake Bell, while East Anglian
and Midlands solicitor Mills & Reeve now handles so many that
it has three specialists working on them. London firm Withers is
seeing 'a huge increase' and now has 10 partners dedicated to the
work.
Read the full article from the Guardian here.
Family Fortunes
In 2001 the Thyssen trial - the most expensive in legal history
- collapsed when the judge resigned after not securing a better pay
package. Since then, the whole thing has descended into bitter
recriminations.
Read the
full article from The Lawyer here.
Heini Junior takes the spoils as Thyssen case settles
The Thyssen dispute in Bermuda incurred legal fees estimated to
be in excess of £100m.
Read the full article from The Lawyer here.
Mediation: important preliminary questions: trustee's duties in
trust disputes and trustee's powers of compromise
Before trustees can proceed to mediation, they need to know
whether they have a duty to resist the claim that is being
mediated. Before entering into mediation, trustees need to
understand its duties in relation to the claim, and the scope of
compromise. Applications for blessing are two ways of protecting to
enter into a compromise. These are considered in an article from
Trusts & Trustees.
Read the full article here.
Trust disputes and ADR
There are considerable advantages to settling trust disputes by
alternative dispute resolution (ADR), although in practice, the
extreme position often taken by the parties, and the difficulties
in binding all those interested give rise to problems. The new
rules in the Trusts (Guernsey) Law, 2007 (as amended) dealing with
compromise and ADR, are designed to enable binding settlements to
be achieved by arbitration or mediation in breach of trust cases.
An article from Trusts & Trustees looks at the question of
trusts and ADR generally, and goes on to consider how successful
those clauses are in resolving the difficulties which arise in
practice.
Read the full article here.
Inheritance disputes: where there's a will there's a war
High property prices and fragmented families have led to a boom
in inheritance disputes - but the strife is often less about money
than wounded feelings, reports Olivia Gordon.
Read the full article from the Telegraph here.
This is the way to challenge a will
As a recent court ruling that overturned a gift of £8m to the
Tories showed, unfair bequests can be amended - even if there's not
always so much to gain, writes Emma Simon.
Read the full article from the Telegraph here.
Jaw jaw is better than war war
Margaret Heffernan reports on how legal action takes over
people's lives, their brains and their bank accounts and how
mediation is often preferable.
Read the full article from Real Business here.
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