Trust Disputes

In recent years there has been a proliferation of disputes relating to trusts. This is in part because they are a favoured vehicle of wealth generation and preservation. We have deep knowledge of trust structures and the law relating to them. We regularly act on disputes for plaintiff and defendant trustees, beneficiaries and protectors.  Some of the claims we act on are detailed below.

Trustee removal: Acting on applications to remove trustees for a variety of reasons together with the transfer of assets on trusteeship.

Breach of trust and fiduciary duties: Acting on claims against trustees and protectors for breach of trust or to enforce beneficiary rights under the terms of the trust.

Directions Applications: Various applications to the High Court including on interpretation of trust deeds, validity of trust instruments, blessing momentous decisions, surrendering discretion to the Court, variation of trust instruments and rectification claims.

Beddoe Applications:  Bringing and defending applications for Beddoe orders to ensure costs protection for trustees, or to protect the trust fund from trustee costs when appropriate.

Trust information:  Making or responding to requests for trust information and bringing or defending challenges to such requests.

Constructive trust claims:  Bringing and defending claims that trust assets are held on constructive trust.

Creditor claims:  Bringing and defending claims by third party creditors against trust assets.