Collaborative Practice for Wills & Estates
Estate disputes that arise after the loss of a family member or loved one are among the most emotionally painful legal situations people face. They can be made far worse by an adversarial court process that pits people against each other, ties up the estate for years, and diminishes the inheritance through multiple sets of legal costs.
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.
On this page
- Resolving estate disputes after a death
- Family-inclusive estate planning before death
- Who is in a collaborative estates team?
Ready to take the first step on the collaborative journey?
Take the first step
Find a collaborative wills and estates professional in NSW/ACT:
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).