This On Demand was recorded on 18 August 2026.
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.
