Trust and Estate Litigation

Trustees are obliged to act in accordance with the terms of a trust for the benefit of the beneficiaries. Too often though trustees don't understand their role and think that they act on behalf of the person who set up the trust, the settlor. If trustees simply go along with what the settlor says, rather than what the trust deed says, they risk acting improperly. In that case, disappointed beneficiaries can challenge the trustee's improper acts in Court. 

Martelli McKegg are experienced in holding trustees to account by making sure they follow the terms of the trust and exercise their discretion properly. If you think you are being unfairly left out of a trust discuss this with our trusts disputes team so we can help you receive what you should.

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.

The liability of trustees is different to the liability of shareholders in a company. Whereas companies can be used to shield their shareholders, trustees take on personal liabilities that they would not bear, but for the use of the trust structure.  Trustees have rights against the trust property to compensate them for those personal liabilities, but there are rules that govern when a trustee may access trust property and what a trustee must have done to qualify for that.  

Unfairly left out of a loved one's will? Family protection actions can help in that situation. 

In making a will, people have moral duties to their children and other relatives. The terms of the will should reflect those moral duties. If the will doesn't, then you or somebody else may feel left out or forgotten. For instance, after some perceived slight, an aging family member might forget decades of love and devotion and change their will on the spur of the moment. Martelli McKegg can help you get your fair share through the courts. 

Testamentary promises actions arise when shortly before passing, the deceased promises to leave you something, but then dies before changing their will. This can result in feelings of unfair exclusion, but the law has a procedure to remedy that. If you've given something or done something for somebody, expecting that they would leave you something, and if that person promised to leave you that thing but didn't, then you may have a testamentary promises claim. Speak with us about what remedies may be available to you. 

When a loved one passes, you want to distribute the estate as he or she would have wanted it distributed. That is the last respect you can pay. That is difficult when different people have copies of different wills. You say this represents the testator's last wishes, but another person says something else represents the testator's last wishes. 

Martelli McKegg can help you resolve these sorts of issues. Our estates litigation team is experienced in working through family disputes to minimise the risk of them becoming bitter or embroiled and potentially destroying family relationshps or friendships for years to come.