Disputes relating to trusts are often complex to navigate due to the close personal relationship of the parties involved.
Sharon Chandra is experienced in all types of trust disputes, including conflicts between spouses, trustees, and beneficiaries. Receive catered advice that draws on Sharon’s specialist expertise.
Dealing with trusts upon the breakdown of a relationship is complex, with the law in this area being fraught with difficulties. To ensure a fair outcome, consult an experienced trust dispute lawyer to guide you through the process from beginning to end.
There are multiple ways a spouse or partner can make a claim against a trust upon separation, and the types of claims available and their basis have arguably widened over time.
Such situations can include:
There are different approaches depending on the duration of a relationship and whether a couple is married. Given the complexity of this area of law, obtaining legal advice from an experienced trust dispute lawyer is paramount before making any decisions.
The Trusts Act 2019 has codified the obligations of trustees and the rights of beneficiaries.
Certain obligations must be adhered to as a trustee. If a trustee does not comply with its legal obligations, a claim can be made against that trustee.
Beneficiaries have certain rights, particularly regarding requests for information. The beneficiary may seek to make a claim against the trustee if they have not been provided with information they are entitled to, or a trustee has not complied with their obligations.
There can be difficulties when it comes to obtaining legal advice as a trustee, particularly where a claim is made against that trustee. If the matter is not handled in the right way, a trustee may risk having to disclose any legal advice they receive to a beneficiary.
Trust disputes during separation often involve claims to trust-owned assets, disagreements over contributions made to these assets, or one partner’s control over the trust.
The Trusts Act 2019 outlines trustees’ responsibilities and grants beneficiaries key rights, such as the right to request information about the trust. It promotes greater transparency and holds trustees to higher standards of accountability.
Yes, trustees can be held accountable if they fail to fulfil their legal duties. Beneficiaries have the right to take legal action against trustees who breach their obligations, including mismanagement of trust assets.
Trustees may need to disclose legal advice if disputes with beneficiaries arise, particularly if the advice relates to the administration of the trust or affects beneficiaries’ rights.
Yes, a trust can sometimes be challenged if one party believes that the trust’s structure or asset distribution is unfair, particularly in cases involving family disputes or separations. Courts may review the trust’s intent and operation to determine if any adjustments are needed.
If you would like assistance with a trust dispute, Sharon would be happy to offer guidance throughout the process. Please get in touch to arrange an appointment with an experienced trust dispute lawyer today.
