Trust Litigation

Trusts are used widely in both an individual and commercial context. Disputes commonly arise in relation to the ownership of property, duties and responsibilities of trustees and the relationship between trustees and beneficiaries. Our solicitors advise on all aspects of trusts and fiduciary duties that may give rise to litigation.

Recent and current cases include

  • Acting for an offshore company against a professional trustee company and a third party in a claim for dishonest assistance and knowing receipt.
  • Acting for the lifetime beneficiary of a trust against professional trustees in a breach of trust claim for failure to properly invest.
  • Acting for a property owner in defence of a claim for proprietary estoppel and constructive trust.
  • Acting for the trustees of a trust company accused of fraud by a third party.

Our experience

  • Creation and existence of trusts
    • Express trusts, constructive trusts and resulting trusts
  • Administration of trusts
    • Investment
    • Advancement and maintenance
    • Application of capital and income
    • Distributions
    • Selling trust assets
    • Replacement of trustees
  • Breaches of trust and fiduciary duties
    • Breach of directors, partners and agents’ fiduciary duties (instances of fiduciary relationship)
    • Breach of fiduciary duties arising from unauthorised profits and conflicts of interest
    • Dishonest assistance and knowing receipt and knowing or unconscionable receipt
    • Unjust enrichment and restitution
  • Particular instances of trusts
    • Trusts of land
    • Retention of title clauses
    • Resulting trusts
  • Recovery of assets subject to a breach of trust.