Resolving estate disputes after a death

Collaborative practice offers families a supported, private, and respectful way to resolve estate disputes without going to court. Family members and loved ones work with a collaborative team, typically including a lawyer for each party, a financial neutral to explain the financial implications, and a communication coach to guide the hard conversations, allowing families to craft their own settlement.

The process is confidential, faster than litigation, and preserves the possibility of maintaining family relationships after the dispute is resolved.

Family-inclusive estate planning before death

Collaborative professionals can also support families in having difficult conversations about estate planning while family members are still alive. A professionally facilitated family estate planning process can ensure that everyone’s needs are properly understood, reduce the risk of future disputes, and maintain family relationships through an honest and supported conversation.

Who is in a collaborative estates team?

  • A collaboratively trained lawyer for each party
  • A neutral financial adviser: to explain the financial consequences of different options
  • A communication coach: to guide everyone through the difficult conversations

Board member Jayne Humphreys, who has over 25 years of experience in elder law and estates, says: collaborative practice gives families the ability to resolve disputes without costly litigation and address any potential disputes in a facilitated family estate planning process.

Australian Association of Collaborative Professionals

For detailed information on the estates collaborative process, including AACP brochures on contested estates and estate planning, visit the AACP national website (opens in new tab).