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Breach of Trust Claims
Acting as an executor of an estate or a trustee of a trust structure is an important responsibility that often involves looking after large sums of money for the benefit of another.
There are numerous obligations that a trustee must adhere to in performing their role. These obligations can extend from acting as an impartial guardian of the trust fund, to providing accurate accounts for any funds received or spent.
Ideally, all trustees and beneficiaries would satisfy their roles in handling a trust and no conflict would arise. Ultimately, however, occasions will arise where trustees have caused loss to the estate and/or are facing a claim from a disgruntled beneficiary.
We are able to provide advice regardless of which side of this divide you may find yourself on. If you wish to make a claim, we can advise you on which remedies may be available to account for any loss caused to the trust. These may include applications to remove or replace trustees, obtaining specific injunctions to prevent trustees undertaking particular acts, or even requiring trustees to financially compensate the trust.
We are also able to provide advice to trustees on defending against, or better still, preventing a claim. Claims can be mitigated (and often avoided) if matters are dealt with in such a way that trust can be maintained/restored between the trustee and the beneficiary.
Time is often of the essence with breach of trust matters, especially if a court order is necessary. If you require advice on any of the above, please do not hesitate to contact us on 020 3928 7102 or email firstname.lastname@example.org.