Trust Disputes

A trust is a form of property ownership designed to benefit others. However, it’s not always a straightforward relationship. Disputes between beneficiaries and trustees are common, alongside concerns about the very nature of trusts. When disputes with trusts arise, there’s only one thing that’s certain: you need to seek expert advice.

Our expert Estate Litigation Team can help navigate the complex nature of trust disputes. By taking steps early, we can help minimise the potential harm and any damage that can be caused.

There also can be disputes about whether a trust actually exists. Some trusts have been held to be nothing more than a sham. A sham or illusory trust is a pretence for some other purpose. Usually to hide assets or the real identity of the beneficiaries.

Other trusts have been held to be defective, and therefore invalid. This can occur if the person who established the trust did not have all of their mental faculties (lacked capacity), or made the trust under duress (undue influence). It can also occur if a trust was created for an illegal purpose, or if the person who created it was bankrupt.