If you help a trustee breach their fiduciary duties, you can be independently liable for the wrong even though you are not a trustee.

If you are a trustee, your decision making can be guided by a memorandum of wishes.

Generally, trustees do not have to explain the reasons behind their decisions.

A common problem in family trusts is where a trustee has been removed and refuses to co-operate with the formal transfer of the trust...

Trustees are subject to what are called fiduciary duties. This is duty of loyalty.

A trust is an arrangement whereby a person (the Settlor) transfers legal ownership of assets to others (Trustees) to be held for the..

Get the relevant facts together. Facts solve problems. Maybe you could write out a timeline?

Beneficiaries may disagree with trustee decisions, but that does not provide a legal basis for challenging them...

Discretionary beneficiaries often think that they’re entitled to benefit equally when trustees distribute trust assets...

The balance is now generally tipping in favour of beneficiaries who want more accountability...

Prior to the Trusts Act 2019, trust deeds could protect trustees from liability for gross negligence.

When trustees want to favour a particular beneficiary, they will sometimes justify this by calling that person the ‘primary beneficiary’...

A Will-maker wanted to ensure that every family member would receive equal treatment, so he set up a trust and appointed his two eldest...

The Trusts Act 2019 came into force on 30 January 2021. These legal changes mean that the reasons for retaining a trust may now be...

The Trusts Act 2019 came into force on 30 January 2021. If you are a trustee you already know that you have few rights and that trust law...

One situation to watch out for is where two family members approach the same lawyer. Cordiality between the clients can blind the lawyer...

For some trustees the new disclosure obligations from 30 January 2021 will not be a surprise. Others may need to consider if they are...

Dividing property in the aftermath of a failed relationship can unleash powerful emotions and can drive people to say and do things they...

If you are in the middle of a dispute, chances are that you already know what the other party ‘should’ do. Most likely, you feel...

After her husband died, Jane* looked after her mother-in-law for years. Later when her mother-in-law died, she left Jane a share of her...

When James* rang the lawyer about his father’s estate, he was mystified by the aggression that his simple enquiry provoked. He was told...