Trust disputes

You can get professional legal help if:

• A trustee ignores a breach of trust by a co-trustee
• A trustee commits a negligent or fraudulent breach of trust
• The trust document is vague, unclear, or contains mistakes
• A trustee neglects their duty to administer the trust efficiently
• The trust documents don’t accurately reflect the settlor’s wishes
• The settlor received negligent legal or tax advice when creating the trust
• The trust is a sham to try and disguise real legal ownership of the assets
• The trust prevents creditors or financial dependents from claiming assets from an estate
• The person who set up the trust (the “settlor”) lacked mental capacity to do so, or was unduly influenced into it.

What if the trust has a ‘No Contest’ clause?

A ‘no contest’ or ‘forfeiture’ clause doesn’t mean you can’t contest a trust - it means you will have to give up anything would have received from the trust if you contest it and lose. You don’t forfeit anything if your contest is successful.

A ‘no contest’ clause is only valid if it’s very clearly written and compliant with the court’s jurisdiction. If you have been affected by a no contest clause, our lawyers may be able to prove that it doesn’t comply and so is invalid. This could help you keep your interest in the trust even if you have challenged it unsuccessfully.

Who can make a claim against a trust?

Generally, beneficiaries of the trust will make a claim - but it could be anyone with an interest in it including another trustee, a spouse, or creditors.

If you think a trust is being mismanaged, or if you have received less than expected from a trust, we can step in to ensure assets are protected and distributed properly.