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Private Wealth Disputes

Trust Disputes

We regularly advise individual trustees and trust corporations in relation to disputes arising from a trust. These can be complex matters and our recognised experts have the experience and knowledge to help resolve your problems.

Types of Trust disputes

Trust disputes can arise for many reasons. Some of the more common reasons we see are listed below, but there are more and if you have any questions please get in touch with our Private Wealth Disputes team.

  • You may be finding it increasingly difficult to deal with unreasonable or demanding beneficiaries. They may be disputing your decisions, requesting lots of documents to which they are not entitled or even alleging wrongdoing on your part. 
  • You may want to protect your position by getting Court approval to bring or defend proceedings on behalf of the trust, or to sell a major trust asset.
  • There could be ambiguity in the language or wording of the trust document that needs to be clarified or rectified by an order of the Court.
  • Trustees may have received incorrect tax or investment advice, and we can investigate and potentially pursue professional negligence claims against their advisors.
  • You could be finding it impossible to work with a co-trustee, even if he is a professional trustee.

Help for Trust Beneficiaries in Trust Disputes

We help both trustees and beneficiaries, which gives us a unique view of disputes and how to resolve them.

As a beneficiary, you may have concerns that the trustees are not administering the estate/trust correctly, or properly making decisions about the trust. They may be refusing to give you information that you ought to have. In some cases, you may be concerned that the trustees have breached the terms of the trust or improperly taken trust assets for themselves.

We can advise on all aspects of a trust and ensure that trustees protect their position; and beneficiaries receive that to which they are entitled and ensure that trusts are correctly administered.