Resolving Will and Trust Disputes

Will and trust disputes arise for various reasons and can be emotionally charged. Family members can sometimes navigate them by examining the testamentary documents and considering each party's concerns. Other times, only mediation or litigation can minimize conflict.

The following are some of the issues that cause disagreements:

Common Causes of Disputes

Claims of undue influence and lack of capacity: Disputes often occur when someone believes the will or trust was created or changed due to manipulation, pressure, or when the creator lacked the mental capacity to make informed decisions.
Fraud and forgery: Allegations that someone falsified documents or forged signatures in a will or trust are sometimes grounds for a dispute.
Ambiguous or contradictory language: Unclear, vague, or conflicting provisions in estate documents can result in differing interpretations and disputes among beneficiaries.
Disinherited or dissatisfied family members: Whenever someone is left out of a will or receives less than expected, they may contest the document, often citing undue influence or lack of capacity.
Breach of fiduciary duty: Trustees or executors who mismanage assets, act in their own interest, or fail to follow the terms of the will or trust could be subject to litigation from beneficiaries.
Family rivalries and long-standing resentments: Existing family conflicts or rivalries can intensify after a death, especially if someone feels unfairly treated in the distribution of assets.
Questions about validity: Allegations of improper execution of the will or trust, including missing signatures or improper witnessing, can also lead to disputes.

Mediation and Resolution in Will and Trust Disputes

Mediation is a voluntary process where a neutral third party (the mediator) helps those involved in a will or trust dispute communicate, clarify issues, and negotiate a mutually acceptable agreement. Unlike a judge or arbitrator, the mediator does not make decisions but facilitates discussion and problem-solving, allowing the parties to control the outcome.

Resolution in this context refers to reaching an agreement, either through mediation or negotiation, that settles the dispute without requiring a lawsuit. Settling out of court is often faster, less expensive, and more private, and it can help preserve family relationships instead of being damaged by adversarial litigation.

If mediation does not result in an agreement, parties can still pursue other legal avenues, including court litigation, to resolve the dispute.

What is the Litigation Process?

Resolving will and trust disputes through litigation generally follows these stages:

During investigation and pre-litigation, attorneys gather facts, review estate documents, and assess possible claims or defenses. The process formally begins when an interested party (such as a beneficiary or trustee) files a petition or complaint with the court outlining the dispute and requesting relief. The opposing party has the opportunity to respond and present its defenses.

In the discovery phase, both sides exchange information and gather evidence through various means such as document requests, interrogatories, depositions, and subpoenas. Either party may file motions to resolve certain legal issues before trial, such as motions to dismiss or for summary judgment.

Courts often encourage mediation, where a neutral third party helps the parties negotiate a settlement. If successful, the dispute is resolved without trial. If a settlement fails, the case proceeds to trial, where each side presents evidence, calls witnesses, and makes legal arguments. After closing arguments, a decision is rendered.

If a party is dissatisfied with any such decision, they may appeal the decision to a higher court, which reviews the trial for various matters such as legal errors.

We Can Help You Set Up a Will or Trust

Eliminate undue stress and expenses for your family when you pass away or become incapacitated. Estate planning will make things easier for your family while ensuring your wishes are followed.

Don’t wait! Talk to one of the experienced estate planning attorneys at Bingaman Hess today at 610.374.8377 or contact us online.

This article is for informational purposes only and does not constitute legal advice. No one may rely on this information without consulting an attorney. Anyone who attempts to use this information without attorney consultation does so at their own risk. Bingaman Hess is not and shall never be responsible for anyone who uses this information. It is not legal advice.

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Business Succession Planning

By Mahlon Boyer • May 30, 2026

Business succession planning is an important process that helps business owners prepare for the upcoming transfer of ownership and leadership. Whether the transition involves passing the company to family members, selling to business partners or transferring ownership to outside buyers, having a clear succession plan helps reduce uncertainty and protect the long-term security of the business. A careful plan can also minimize disputes, preserve business value and ensure continuity in periods of change. Planning for Business Transfer The first step in business succession planning is identifying how the business will be transferred and who will assume control. Business owners should evaluate their long-term goals, retirement plans, and the financial needs of both the company and their family members. Some owners choose to pass the business on to children or relatives who are already involved in operations. Others may transfer ownership to key employees, business partners or third party buyers. Each option has different legal, operational and financial consequences. A successful transition often takes years of preparation. Potential successors may need leadership training, operational experience and gradual increases in responsibility to ensure they are ready to effectively manage the business. Good communication with family members, partners and stakeholders is also important to avoid misinterpretations and conflict. Business owners should work with legal and financial professionals to create formal succession documents, update corporate records, and establish a realistic timeline for the transfer process. Use of Buy-Sell Agreements Buy-sell agreements are an essential part of many succession plans. These legally binding agreements specify what happens to the interest of a business owner if certain events occur, such as retirement, disability, death or voluntary departure from the company. A buy-sell agreement typically defines who may buy the shares of the departing owner, how the business interest will be valued and the terms of payment. This structure helps maintain stability and prevents ownership disputes that could disrupt operations. For businesses with multiple owners, buy-sell agreements provide understanding and protections for all parties involved. They can prevent unwanted external ownership and ensure that remaining owners retain control of the company. Funding mechanisms are also important. Many businesses use life insurance policies to fund buyouts in the event of an owner's death. This allows surviving owners or family members to complete the transfer without putting financial hardship on the business. Tax Considerations Tax planning is an important part of business succession planning. If the transfer of ownership is not well planned, the business owner and successor will face a substantial tax liability. Depending on how the transfer takes place, the owners may face capital gains, estate, or gift taxes. With good planning, these tax burdens can be reduced with trusts, step-by-step ownership transfers, family partnerships, or changing the type of business entity. Another important factor is valuation. A proper valuation of a business is important for determining tax liability and ensuring that everyone involved in the transfer is treated fairly. Business owners should regularly review their succession plans with accountants, tax advisors, and attorneys, as tax laws are often changing. Regular updates keep the plan in line with changing legislation and the business’s needs. Let Us Help You Navigate the Essentials of Business Succession Planning Don’t wait! Talk to one of the experienced estate planning attorneys at Bingaman Hess today at 610.374.8377 or contact us online. This article is for informational purposes only and does not constitute legal advice. No one may rely on this information without consulting an attorney. Anyone who attempts to use this information without attorney consultation does so at their own risk. Bingaman Hess is not and shall never be responsible for anyone who uses this information. It is not legal advice.