COLLABORATIVE PRACTICE
Settle the estate.
Keep your family.
Avoid the courtroom.
360° Inheritance Solutions brings everyone to one table, each with a lawyer trained in collaborative practice, and everyone agrees on one thing from the start: this matter stays out of court.
It is designed to be quicker and less adversarial, and across the whole family it usually costs less overall.
Every matter begins with a complimentary 15-minute Clarity Call.
Which of these sounds like your family?
Most disputes over an estate are not really about money. They are about fairness, family history and grief, and the court process turns them into a contest with a winner and a loser.
Planning ahead
A will that comes as a surprise
The people who will live with your will have never been part of the conversation. The first they learn of it is after you have gone.
One estate, two families
A second marriage, and children from a first. A will drafted in isolation takes a side, whether you intended it to or not.
A business or family home that cannot be divided
Equal shares on paper can mean selling the very thing you spent a lifetime building.
Already in a dispute
Siblings who no longer speak
Every letter between lawyers widens the distance, and every court date makes it harder to find a way back.
Legal costs eroding the estate
When each side funds its own fight, the money everyone is arguing about shrinks at every step.
Years spent waiting on a judge
Court timetables decide when your family can move on, and a stranger decides the outcome.
A single promise that changes the way everyone behaves
Each person, and each lawyer, signs a participation agreement committing to resolve matters without going to court. If the talks break down, the collaborative lawyers step aside and cannot act in any litigation that follows, so we are as committed to agreement as you are.
When a family is planning ahead, the same promise brings the people your will affects into the room before anything is signed.
Each person has their own lawyer
You still receive independent advice and someone to advocate for your interests.
Shared, independent experts
One valuer or financial specialist for the whole family, rather than one each.
Confidential by design
What is said stays in the room, off the public court record.
The usual way, and the collaborative way
Inheritance Resolution is an alternative to litigating a deceased estate dispute. Here is how the two paths compare.
| GOING TO COURT | 360° INHERITANCE SOLUTIONS | |
|---|---|---|
| Who decides | A judge who has never met your family | Your family, with advice from your own lawyers |
| Where it happens | In court; documents and judgments can become public | In private meetings around one table |
| Experts | Each side engages its own, and they often disagree | One independent expert everyone trusts |
| Timing | Set by the court's timetable | Set by the family, at a pace people can manage |
| Cost | Each side funds its own case, often from the estate itself | It still costs. Shared experts and fewer formal steps usually mean less overall across the family |
| Relationships | Letters between lawyers, positions harden | Everyone in the room, talking directly |
| If there is no agreement | The judge decides | The collaborative lawyers step aside, and court remains available with new lawyers |
Every family is different. Collaborative practice is designed to keep you out of court, but no process can guarantee a particular outcome.
What happens, step by step
01
Clarity Call
A complimentary 15-minute conversation with our team about what is happening in your family, and whether collaborative practice could suit you.
02
Strategy Session
You meet with an experienced wills and estates lawyer. If the collaborative path is right, everyone involved engages their own lawyer and signs the participation agreement.
03
Around one table
Meetings with everyone and their lawyers, with one independent expert where needed. The family sets the agenda and the pace.
04
Agreement, in writing
For a dispute, a settlement everyone has signed. For a plan, a will and estate plan your family understands before it is signed.
When collaborative practice fits, and when it may not
Usually a good fit
- The family relationships matter to you, now and after the estate is settled
- People are willing to share information openly
- Privacy is important
- There is a blended family, a business or a family home to think about
Talk to us first if
- There are concerns about anyone's safety, or family violence
- Someone is unwilling to take part or to disclose assets honestly
- There are questions about a will-maker's capacity
- A time limit is close. In NSW, a family provision claim generally has to be filed within 12 months of the death
If collaborative practice is not the right path, we will tell you, and explain the options that are.
Begin with clarity
Every matter begins with a complimentary 15-minute Clarity Call: a conversation with our team about what is happening in your family and whether 360° Inheritance Solutions could suit you.
What families ask us
Does my family get a say in my will?
No. Your will remains your decision. A family meeting is not a vote and not a reading of the will. It gives the people your will affects the chance to understand your reasons while you are here to explain them, which is often what prevents a dispute later.
What happens if we cannot agree?
Anyone can end the collaborative process. If that happens, the collaborative lawyers step aside and you are free to go to court with new lawyers. Because everyone, lawyers included, knows this from the start, the whole room is focused on reaching an agreement.
Does it cost less than going to court?
It still costs, and we will be upfront about fees from the beginning. Because the family shares one independent expert and avoids court steps, the total cost across the whole family is usually lower than a court case. We cannot promise a particular saving, because every matter is different.
What if someone in the family will not take part?
Collaborative practice needs everyone involved to agree to it. If one person is unwilling, we will talk with you about the other options, including negotiation and mediation, and which suits your family.
Do the other people need their own lawyer?
Yes. Each person has their own lawyer trained in collaborative practice, so everyone receives independent advice. If someone does not yet have one, we can point them in the right direction.
Is what we say kept private?
Discussions happen in private meetings rather than in a courtroom. The participation agreement sets out how information is shared and kept confidential within the process.
Do we need to be in Sydney?
Our office is in Sydney, and we work with families across Australia.
I am an accountant, adviser or lawyer. How do I refer a family?
Request a Clarity Call and let us know you are a referring professional. We will contact you to talk about the family and the best next step.
GENERAL INFORMATION ONLY. This page provides general information and is not legal advice. Every family's circumstances are different, so please obtain advice about your situation before acting. Time limits apply to claims on an estate and differ between states and territories.