The majority of Trust disputes stem from an allegation against a Trustee for breach of Trust.
Breach of Trust Disputes
Actions for breach of Trust are normally brought by the beneficiary under the Trust and are usually brought in circumstances where:
- The Trustee has breached one of the duties that he must observe. The duties imposed upon the Trustee are numerous and onerous
- In exercising his power or discretion, the Trustee fails to act honestly, or fails to act in accordance with the required standard of care.
If a Claimant is able to establish that a loss has been caused as a result of the breach of duty, the Trustee is usually personally liable to restore the Trust to the position it would have been in had the breach not occurred. This can be a powerful remedy and can have potentially disastrous consequences for a poorly advised Trustee.
Our Will and Trust Dispute solicitors have experience in acting on behalf of beneficiaries and Trustees and the expertise to view your position from both perspectives.
Time is of an Essence
There are strict time limits which apply to instituting claims in respect of Trust disputes.
Given the legislation, the complexity of some Trust instruments and the fact that Trust disputes can often involve multi-jurisdictional considerations, it is prudent to seek advice as soon as possible once a concern or potential claim is identified.
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