Get Professional Advice from a Specialised Trust Dispute Lawyer
Dealing with trusts because of separation is complex, with the law in this area fraught with difficulties. Consult an experienced trust dispute lawyer to guide you through the process from beginning to end to ensure a fair outcome.
Trust Disputes on Separation
A spouse or partner can make multiple claims against a trust upon separation, which require caution. The types of claims available and their basis have arguably widened over time.
Such situations include:
- A trust protects assets from a claim made by the other spouse or partner.
- Contributions made to an asset owned by a trust based on an expectation of receiving interest on the asset.
- One spouse or partner has set up or is in control of a trust.
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, advice from an experienced trust dispute lawyer is paramount before making any decisions.
Disputes between Trustees and Beneficiaries
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 the legal obligations, a claim can be made against that trustee.
Beneficiaries have certain rights, particularly regarding requests for information. The beneficiary may seek to claim the trustee if they have not been provided with the information they are entitled to, or a trustee has not complied with their obligations.
There can be difficulties regarding legal advice obtained by trustees, particularly with a claim against that trustee. If the matter is handled incorrectly, a trustee may risk having to disclose any legal advice they receive to a beneficiary.
Contact Sharon Chandra
Sharon would be happy to offer guidance throughout the process if you would like assistance with a trust dispute. Please complete the form below to arrange an appointment with an experienced trust dispute lawyer today.