Disputes in relation to trusts can arise for a number of reasons, including:      

  • The trust documents being vague, unclear about trustees’ powers or containing mistakes;
  • Negligent legal or tax advice when the trust was set up;
  • The trust document not reflecting the wishes of the settlor;  
  • A co-trustee acting outside of his or her powers, being dilatory, refusing to disclose financial information or blocking decisions;
  • A trustee considering, he or she can no longer work with a co-trustee, or realising that a co-trustee is mentally unfit to continue as a trustee such that the co-trustee needs to be removed;
  • Disagreement between trustees as to how a trust is to be managed or as to the relative interests of a life tenant and the remaindermen; 
  • A co-trustee favouring certain beneficiaries, e.g. where he or she is also a beneficiary;
  • A trustee being worried about claims by beneficiaries if he or she exercises his or her discretion in a particular way;
  •  A trustee being worried about personal exposure to costs arising from litigation which involves the trust.

Our team work closely with the trusts and estates team to help to provide you the best advice     and achieve the best outcome.

The law and practice referred to in this article or webinar has been paraphrased or summarised. It might not be up-to-date with changes in the law and we do not guarantee the accuracy of any information provided at the time of reading. It should not be construed or relied upon as legal advice in relation to a specific set of circumstances.