Trust Disputes

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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.

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Common causes of trust disputes

Disputes around trusts can arise where:

  • A beneficiary believes that a trustee is not fulfilling its duties properly or is doing things beyond its powers.
  • The beneficiary and trustee have differing views on how certain parts of the trust deed should be interpreted.
  • A trustee may have been negligent, for example, by investing trust property in high risk investments.
  • Trustees are in dispute with other trustees.
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Act quickly to prevent further losses

If you have concerns about a trustee, or are involved in a trust dispute, it is important that you get legal advice as soon as possible. For trust beneficiaries, this might prevent you suffering a loss. For trustees, it might mean that you avoid being held personally liable.

We are pleased to offer a range of fee options depending on your circumstances, including deferred and no win no fee arrangements. Contact us for your free, 30-minute obligation free appraisal today.

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Sham or defective trusts

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.

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Plan your next move

If you have concerns about trusts, contact our Team today.

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“Thank you very much for all your hard work. We are very pleased with the result”

AM

“Thank you very much for your professionalism and assistance. I hope you both enjoy this box of Koko. Once again, thank you for your assistance. Love from the 4 boys & their aunty”

Unnamed

“Once again, I thank you so much for all your hard work, dedication and consideration in relation to all my matters Charlie. You have been brilliant throughout this entire proceeding and I certainly couldn’t have got this far without your help. So, I just want you to know that it is greatly appreciated…”

AS
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Don’t wait any longer to get the right advice

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