In the world of probate, trust administration, and estate administration, not all litigation is adversarial. Sometimes, families are united in their intentions and simply need the court’s help to formalize those intentions. This is where friendly estate litigation comes into play.
What Is Friendly Estate Litigation?
Friendly estate litigation refers to court proceedings where there is no true legal dispute among the interested parties. Rather, it is a procedural necessity to resolve ambiguities or inconsistencies in a will or trust, or to modify terms that no longer serve the beneficiaries’ best interests. In these cases, all parties—including heirs, beneficiaries, and fiduciaries—agree on the proposed outcome. However, despite the consensus, court approval is required to make the resolution legally binding.
Common Situations That Call for Friendly Litigation
As trusts and estates attorneys, we often assist clients with friendly estate and trust litigation in scenarios such as:
- Ambiguity in a Will or Trust Document: When the language in a will or trust is unclear, the beneficiaries may all agree on what the decedent intended, but need judicial clarification to proceed accordingly. One very common type of ambiguity is when a Will says something like, “I leave $10,000 to A, B, and C.” Does this mean that they each receive $10,000 or that they must share the $10,000? Even if all the beneficiaries agree, this may still require Court approval, resulting in a friendly estate litigation.
- Reformation of a Trust: Occasionally, a trust may contain drafting errors or become impractical due to changes in the law or family circumstances. The beneficiaries may agree on a proposed amendment, but court approval is needed to revise the document.
- Early Termination of a Trust: In some cases, the continued administration of a trust may no longer make financial sense. If all beneficiaries and the trustee agree to terminate the trust early, a court must often approve the dissolution.
- Approval of Trustee Actions: A trustee may seek court approval of specific actions—such as sales of property or settlements—when full transparency and protection from future liability are desired, even if all beneficiaries are in agreement.
Why Friendly Estate Litigation Still Requires Legal Counsel
Although friendly estate litigation is cooperative in nature, it is still a legal process subject to strict procedural rules. Courts must be satisfied that:
- All interested parties have been properly identified and notified;
- The proposed resolution is consistent with the decedent’s intent (if applicable);
- No party is being unfairly disadvantaged; and
- The modification or clarification is legally permissible.
Our firm assists clients by preparing and filing the appropriate petitions, gathering consents, drafting proposed orders, and appearing in court to ensure the matter is handled efficiently and professionally.
The Benefit of Working with an Experienced Estate Litigation Attorney
As a law firm that focuses primarily on Wills, Trusts, Estates, and related matters, we understand how to navigate the nuances of a friendly estate litigation. We act as both legal advocates and problem-solvers, ensuring that your family’s shared goals are achieved with minimal delay and cost. Moreover, we are aware that many situations can be resolved by a simple agreement, without even needing to go through the procedural hurdles of a friendly estate litigation.
If your family is facing a situation where everyone agrees on what should happen—but a court’s approval is required—we can help guide you through the friendly estate litigation process with clarity, care, and confidence.
Our firm also works closely with Attorney Pierson W. Backes, who is Of Counsel to our firm. Pierce focuses primarily on contested estate litigation and trust litigation matters in New Jersey. Accordingly, in the event that a matter cannot be resolved in a friendly manner, he is also able to assist should there be a dispute that cannot be resolved with the consent of the parties.
