Do you really need a litany of statistics to convince you that we live in a litigious society? So let’s not waste your time. A revocable living trust avoids contests and lawsuits in a variety of ways.

First, trusts, themselves, often have a variety of provisions which discourage or prevent lawsuits and contest, such as arbitration and mediation provisions, minimization of liability provisions, and the like.

Second, simply avoiding the probate process discourages lawsuits. Probate is basically a proceeding in which all of the interested parties are sued, and brought into court in order to resolve all of their possible claims. Most people are surprised to learn that the time limit for contesting a will is much shorter than it is for a challenge of a trust. They reason, incorrectly, that it is the longer opportunity to challenge that would cause the greater number of challenges. Nothing could be further from the truth!

Often, a potential beneficiary is asked to relinquish all opportunity to contest a will before there has been adequate opportunity to determine whether there exists any reason whatsoever to contest the will. Discomfort, fear, and ignorance combine with a short period in which to make a decision to contest, causing the contest simply to protect the beneficiary’s rights. The die is often cast before a beneficiary could develop any sense of comfort with the estate plan, the fiduciary, or the administration of the estate.

Attorney Donohew has often likened the probate process to a boxing ring, into which all of the beneficiary-combatants are forced shortly after death. Some are given boxing gloves, and others choose to bring their own professional fighters (lawyers). The referee rings a bell, and tells everyone that the estate cannot be administered until the fight is over, but if no one chooses to fight, there will be no Round Two. “Use it or lose it.” Human nature being what it is, is it any wonder that someone occasionally “takes a swing?”