This session explores the interrelationship between trusts and estates from a litigation perspective, with a focus on how trust arrangements can affect, restrict, or give rise to claims following a death. It will address the practical exercise of “mapping the estate,” including identifying assets held personally, through trust structures, or under other arrangements, and the steps lawyers can take to investigate and clarify the ownership structure.  

The session will then consider the role trusts play in estate litigation, including when trust assets or trust decision making become relevant to prospective claims against an estate. The session will conclude with an examination of post death trust disputes, including beneficiary claims, allegations of trustee misconduct, and the potential remedies available following the death of the settlor. The emphasis throughout is on common litigation scenarios, risk identification, and practical strategies for contentious trust and estate matters.

Learning Outcomes: 

• Distinguish between estate and trust assets and assess the legal and practical implications for estate litigation and administration.
• Apply a structured litigation approach to advising executors, trustees, and claimants in trust and estate dispute, including options for disclosure of assets. 
• Recognise common post death trust disputes and the litigation issues that arise following the death of a settlor.

Who Should Attend?

This session is designed for general and specialist practitioners, including family, trust, and estate lawyers, legal executives, civil litigators, and those looking to develop a stronger focus on estate litigation.

Learning Outcomes

Presenter

Calina Tataru | Senior Associate, Buddle Findlay