Collaborative Estate Planning: A Smarter Way to Resolve Disputes. Estate disputes are often approached through litigation; a process defined by winners, losers, and adversarial positions that can strain family relationships. Collaborative law offers an alternative.

Long used in family law, collaborative approaches are increasingly being applied to estate disputes, particularly where ongoing relationships matter.

Through a commitment to good-faith negotiation and cooperative problem-solving, collaborative law can deliver faster, more cost-effective, and private resolutions than court proceedings. It is well suited to matters such as will challenges and dependant support claims, though it is not appropriate in cases involving elder abuse or fiduciary misconduct.

As collaborative law gains traction in estate planning and litigation, it presents an opportunity to move away from conflict toward solutions where all parties can walk away satisfied.

Collaborative law is beginning to shift this narrative. While well established in family law, collaborative approaches are increasingly being applied to estate disputes. As explored by Kim Gale in “Collaborative Law to Resolve Estate Disputes,” collaborative law is a process in which lawyers and clients commit to resolving disputes through cooperation rather than confrontation. Participation and retainer agreements reinforce this commitment by requiring good-faith negotiation and, if necessary, withdrawal of counsel should the process fail.

Collaborative estate planning and dispute resolution offer meaningful advantages: timelier and more cost-effective outcomes than court proceedings, enhanced privacy and confidentiality, and the ability to suspend limitation periods while discussions are ongoing. These benefits are particularly valuable in estate matters, which frequently involve deeply personal and emotional issues.

Presenters:

Sydney Osmar - Hull and Hull

Kimberly Gale - Gale Law