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OUR INSIGHTS

  • Chris Lucas

Trust disputes, in a nutshell

Most trust disputes involve a tug of war between two very basic ideas.


Generally speaking, the trustees want more authority.


‘Authority’ is the viewpoint that trustees should be left alone to do what they want.


Meanwhile, beneficiaries generally want more accountability.


‘Accountability’ is the idea that trustees should be answerable for their decisions.


If you find yourself in a trust dispute, you need to appreciate that the judges have been favouring beneficiaries more than they used to.


The clear trend in the cases is to make trustees more accountable, even if that erodes their authority.


If you are unsure of your responsibilities as a trustee, or your rights as a beneficiary, give us a call.




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Information matters in trust cases

You are interested in how a trust has been run. The first thing to do is to look carefully at the information that is already available.

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