Disputes Involving Trusts
This is a very complex and not easily understood area of law. Acting as a trustee imposes legal duties upon the trustee, which are often not explained or commonly known.
A trust involves ownership of property designed to benefit others – the beneficiaries of the trust. A trust can come into existence without express agreement, such as via a constructive trust, thereby exposing parties to claims where they do not necessarily appreciate that they have adopted the role of trustee. Disputes are unfortunately not uncommon and specialist advice is highly recommended when a trust dispute arises.
Types of trust disputes may include, but are not limited to:
- a claim that a trustee is not properly exercising their duties or acting outside the scope of their power;
- the interpretation of a trust deed;
- allegations that a trustee has acted negligently; and
- disagreements as between trustees.