News & Events

News & Events

11.23.2009

A Brave New World: Nonjudicial Dispute Resolution Procedures Under the Uniform Trust Code and Washington’s and Idaho’s Trust and Estate Dispute Resolution Acts

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Nonjudicial dispute resolution procedures for trust and estate matters are increasingly popular to minimize the expense, complexity, and publicity of court procedures. This article addresses the nonjudicial resolution procedures in the Uniform Trust Code, which has now been adopted in almost half the states, as well as provisions in Washington, Oregon, and Idaho that appear to reach the farthest into this “brave new world” of trust and estate nonjudicial dispute resolution. The article addresses various practical issues, including the availability of virtual representation or special representatives to bind certain parties. The article addresses how the procedures apply in differing contexts, such as modifying or terminating trusts or streamlining trust administration. The article concludes with helpful practice tips in using nonjudicial resolution procedures.  View full article (PDF).

This article first appeared in The American College of Trust and Estate Counsel Journal.