On February 13, 2025, Suzana Popovic-Montag was joined by Sydney Osmar for an eState Academy Webinar hosted by eState Planner to discuss collaborative law in estate, capacity, and trust disputes.

Collaborative law, a well-established approach in family law, is emerging as a promising alternative to traditional litigation. This non-adversarial method focuses on resolving disputes while preserving family relationships and avoiding costly court battles.

Key Features and Benefits

The process involves all parties signing a participation agreement that outlines the framework for resolution. A unique aspect is a carve-out for court orders that may be necessary to obtain relevant disclosure necessary for negotiations. As well, the parties may consider the use of a disqualification clause: if the collaborative process fails, the lawyers must withdraw, and clients need to retain new counsel for litigation. This encourages commitment to finding collaborative solutions.

Unlike traditional litigation, the process employs neutral experts—financial advisors, medical specialists, and accountants—who are jointly retained by all parties involved. This shared expertise often leads to more efficient and cost-effective resolutions.

When Is It Appropriate?

Collaborative practice works best in a variety of situations, including when:

• Maintaining family relationships is a priority;
• Parties want an outcome that is a win-win for all;
• In guardianship matters where family members agree they want what’s best for their parent but disagree on what that means;
• Resources may be limited; and
• All parties are willing to provide full disclosure.

However, it may not be suitable for cases involving elder abuse, significant power imbalances, or when parties simply demand aggressive litigation.

Implementation in Estate Litigation

While the collaborative model requires some adaptation for estate matters—particularly regarding necessary court orders for estate administration—the Ontario Association of Collaborative Professionals (OACP) provides comprehensive resources for practitioners. The process includes intensive training sessions and ongoing professional development through trained professionals in this area.

Looking Forward

In partnership with Victoria Smith of Resolve Dispute Resolution, Hull & Hull LLP is planning the first collaborative law training session for estate lawyers on November 13-14, 2025. Follow our blog for further updates and as more details are available.

Collaborative law offers a promising alternative for families seeking to resolve estate disputes while preserving relationships and managing costs. As more practitioners become trained, it has the potential to transform how we handle estate disputes, offering a more constructive path forward for families in conflict.

eState Academy webinars take place on most Thursdays at 12:30 and are free to join. Click here to register for future webinars.

Thanks for reading,Mark Lahn.