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Mediation and tax-efficient settlement of probate disputes

01 March 2022 / Carl Islam
Issue: 4830 / Categories: Comment & Analysis
73396
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Key points

  • Mediation is an opportunity to transform an acrimonious probate or trust dispute into a joint-problem solving exercise.
  • The mediator’s and family members’ own professional advisers’ costs are paid out of the estate or trust fund.
  • Technical tax planning to obtain tax efficiency through estate or trust asset re-structuring requires the involvement of a qualified tax adviser before terms of settlement are agreed.

Mediation is an opportunity to transform an acrimonious probate dispute into a joint problem solving exercise by applying estate and business succession planning principles to discover and unlock tax efficiency post-death resulting in the consequential enlargement of the estate or trust fund pie for settlement.

In a probate or trust dispute the convergence of interests around the win/win principle of expanding the estate or trust fund pie by agreeing terms of settlement that result in enhanced tax-efficiency for the benefit of...

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