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Practical psychology for contentious trusts and estates: triggers, biases and dispute-avoidance strategies

Published by a LexisNexis Private Client expert

Practice notes

Psychology of disputes

This Practice Note has been prepared from the standpoint of a trusts and estates lawyer, rather than that of a psychologist by training.

Common triggers of disputes

Most disagreements begin with a triggering event—a shift in circumstances whereby a family member realises that their expectations are no longer matched by the reality of the situation.

Death of the family matriarch or patriarch

A frequent trigger is the death of the family matriarch or patriarch—the individual who held an esteemed place within the family and accordingly controlled significant personal wealth. When certain relatives discover that their expectations do not accord with the true position, litigation can follow. For example, the deceased’s Will might prefer one child over others, or favour children from a former relationship instead of a later spouse. Where assets are placed on trust, beneficiaries (who may themselves be of mature years) might dislike the control given to the trustees and where the...

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Web page updated on 21/05/2026

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