Disputed Trusts

Family enterprises often use Discretionary and Unit Trusts as legal vehicles for structuring their assets. When a trust is part of a will, a dispute may arise among the remaining trustees.

Claims may be made against trustees if they fail to comply with their duties or responsibilities, which include the need to:

  • comply with the terms of the trust;
  • take control of trust property;
  • act impartially and fairly between the beneficiaries;
  • exercise care and diligence;
  • act honestly and in “good faith”;
  • keep accounts and proper records, and to provide information;
  • act unanimously (unless the trust instrument provides otherwise); and
  • act personally by making certain decisions themselves.

Whether you are a trustee, beneficiary or other interested party, Streeterlaw lawyers has the expertise to advise you on the best course of action when a dispute erupts over a family trust.