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...