The study, published in the Washington University Law Review, analyzed 640 contested trust cases and found that designating one child as the sole trustee often leads to disputes among siblings. Christopher Ryan, a co-author of the study, noted that this arrangement can exacerbate sibling rivalries and create power imbalances.
The research revealed that nearly 25% of disputes involved beneficiaries suing each other, primarily over revocable trusts. On average, these cases lasted 481 days, with 74% of trustees accused of misconduct. Emotional factors often drove these disputes, as seen in the case of the Mar siblings, who engaged in lengthy litigation over their father's estate.
The study suggests that proactive communication about estate planning can help mitigate conflicts, and it found that mediation significantly increases the likelihood of settlement. The authors recommend considering independent fiduciaries to manage trusts and caution against relying solely on no-contest clauses to prevent disputes