Another remedy available where a trustee acts improperly, or may
have a conflict of interest, is for the Court to remove the trustee
and replace him or her with somebody else. The High Court
regulates and controls trusts and trustees. When a trustee is
routinely ignoring the purposes of a trust, the Court will replace
that trustee with somebody who will run the trust properly and
fairly, for the benefit of the beneficiaries. Often this
occurs in relationship disputes, where one party uses the family
trust as a weapon to fight the other party, but ends up hurting the
children or other family members.
If a trust you are involved with, or a trust under which you
expect to receive, is being manipulated unfairly, talk with our
trust disputes team about potentially removing a trustee who is
acting improperly.