Contentious Trusts Part 3: How to navigate a strategic approach to contentious trust disputes

Dealing with contentious trusts requires a delicate balance of sensitivity and firmness. Each situation is unique, but there are key strategies that can help navigate these complex issues effectively. Here’s a look at how to approach contentious trusts with empathy and resolve.

The importance of early and open communication

One of the most critical aspects of managing contentious trusts is open and honest communication. It’s essential to have difficult conversations early on to set clear expectations and boundaries. Avoiding these conversations can lead to misunderstandings and escalated conflicts later. By addressing potential issues upfront, trustees can establish a clear understanding of their role and the best interests they need to protect. This proactive approach helps prevent surprises and ensures that all parties are on the same page from the outset.

Matching personalities for effective resolution

Understanding and matching personalities is another crucial element in managing contentious trusts. Different individuals have different needs and communication styles, and being able to adapt to these can significantly improve the resolution process. For example, some beneficiaries may need more time and attention to express their frustrations, while others may require a more direct approach. Matching the right personality to the right situation can lead to more effective and satisfying outcomes for all parties involved.

Developing a thick skin

Dealing with contentious trusts often involves handling emotional outbursts. Having broad shoulders and a thick skin is essential for navigating these challenging situations. Trustees may face criticism but maintaining a calm and professional demeanor is crucial. This resilience allows trustees to focus on the issues at hand and work towards a resolution without getting sidetracked. 

Considering future implications

When resolving contentious trust issues, it’s important to think about the future implications of any decisions made. The goal should be to achieve an outcome that benefits the family as a whole, rather than just resolving the immediate dispute. This forward-thinking approach ensures that any resolution considers the long-term effects on family relationships and dynamics. For instance, a judgment that excludes a family member from the trust may not ultimately bring the family together, so it’s essential to consider alternative solutions that promote harmony.

Flexibility and forward planning

Contentious trusts often require flexible and forward-thinking solutions. This might involve winding up the trust, splitting it into different family groups, or considering other creative options to bridge divides. The willingness to explore these alternatives can be key to finding a resolution that works for everyone. By thinking ahead and considering the broader implications of each decision, trustees can help ensure that the outcome is sustainable and beneficial for all parties involved.

How can Ocorian help with contentious trust issues? 

Managing contentious trusts requires a combination of sensitivity, firmness, and strategic planning. By engaging in open communication, matching personalities, having a thick skin, considering future implications, and being flexible, trustees can navigate these complex situations effectively. The ultimate goal is to achieve a resolution that not only addresses the immediate dispute but also fosters long-term harmony within the family. For more information on how Ocorian can support, reach out to the team.