Joshua Rubenstein and Ronni Davidowitz Quoted in Citywealth on Surge of Family Wealth Disputes

Joshua Rubenstein, partner and national chair of Katten's Private Wealth Department, and Ronni Davidowitz, head of Katten’s New York Trusts and Estates Department, were quoted in a Citywealth article examining the recent surge in family wealth disputes.

Joshua offered the perspective that one of the contributing factors to the surge is fee arrangements and how they may incentivize litigation. "There has been an enormous increase in private client litigations for a myriad reasons, not the least of which is how legal fees are paid," Joshua said. "Under UK law based legal systems, the losing party is at risk for paying everyone's legal fees. Under the so-called 'American Rule,' however, generally the loser pays only his or her own fees."

Joshua went on to explain that several countries are beginning to implement their own version of the American Rule. He also noted that many attorneys are now agreeing to take on estate and trust cases on a "no win, no fee" basis.

Ronni commented on how generational family dynamics have also contributed to an uptick in disputes, specifically around trust funds. "Of particular relevance, younger generations are increasingly looking to wrest control of family assets or gain premature access to funds held in trusts or estates, especially where there is a perception of diminished capacity," Ronni shared. "These actions have often led to costly disputes, unfortunate family disharmony, and in some cases, public embarrassment of senior family members. This dynamic further amplifies the tension in wealth planning between providing comfort and security for younger generations and creating an unintended sense of entitlement within the ranks."

"Why Private Wealth Litigation is booming: Inside the surge of Family Wealth Disputes," Citywealth, April 30, 2025