Resolution of family inheritance, succession and trust disputes in the US: judicial and nonjudicial approaches

Abstract In the United States, family trust controversies can be resolved through both judicial and nonjudicial methods. The Uniform Trust Code, enacted in 2000, changed common law to allow nonjudicial settlement agreements, with six primary methods for modifying irrevocable trusts: using existing trust powers, decanting, nonjudicial settlement agreements (NJSAs), merger, and powers of appointment. Washington State has a unique approach through its Trust and Estate Dispute Resolution Act (TEDRA), providing statutory frameworks for mediation, arbitration, and binding agreements. Decanting has become more prevalent over the past two decades, while trust protectors offer another modification mechanism. The document also examines practical considerations for trustees and beneficiaries in dispute resolution.