28 · Litigation and arbitration · Trusts · successions
Fiduciary, trusts and estates litigation
What assistance changes in this practice, what it does not change, and the time reduction actually observed.
Where the gain is real
Reconstruction of flows across decades, comparative reading of successive instruments, review of the fiduciary’s accounts.
Where it is slight or nil
Dealings with the heirs, family mediation, the hearing.
Observed time
−40% at constant case scope, on cases closed over the last three financial years. This measure says nothing about the quality of the outcome.
What the practice covers
- Reconstruction of asset flows across the whole life of the trust or estate
- Comparative reading of successive instruments: wills, amendments, declarations
- Review of the fiduciary’s accounts and of the fees charged
- Search for breaches of the duty of loyalty and of prudence
- Analysis of capacity and of alleged undue influence at the time of the instrument