Introduction
Navigating the legal complexities of trusts, executries, powers of attorney, and guardianships can be challenging, especially when disputes arise. Our firm has extensive experience in handling contentious matters in these areas, providing strategic and compassionate guidance to protect your rights and ensure a fair resolution. We understand the emotional and financial stakes involved, and we are committed to working closely with you to achieve the best possible outcome.
Contentious Trusts
A trust is a legal arrangement where a person (the settlor) transfers assets to another person or entity (the trustee) to hold and manage for the benefit of specific individuals (the beneficiaries). Trust disputes can arise for various reasons, including:
- Breach of trust: This occurs when a trustee fails to act in accordance with the terms of the trust deed, such as mismanaging assets, failing to distribute funds properly, or acting in their own self-interest.
- Disputes over the interpretation of the trust deed: Ambiguous language in the trust deed can lead to disagreements among beneficiaries or trustees about the intended meaning and application of the trust’s terms.
- Challenges to the validity of the trust: Beneficiaries or other interested parties may challenge the legality of the trust’s formation or the settlor’s capacity to create the trust.
- Removal of a trustee: Beneficiaries may seek the removal of a trustee for reasons such as misconduct, incompetence, or a conflict of interest.
- Variation of the trust: Circumstances may change after the creation of a trust, making it necessary to modify the trust’s terms.
Our Services for Contentious Trusts:
- Analysing trust deeds and related documents to identify potential issues and breaches of trust.
- Investigating and gathering evidence to support your claims.
- Negotiating with other parties to reach a settlement.
- Representing you in court proceedings if a settlement cannot be reached.
- Seeking the removal or replacement of a trustee.
- Advising on the variation of trust terms.
Contentious Executries
An executor is a person appointed in a will to administer the deceased person’s estate. Executries can become contentious due to various factors, including:
- Disputes over the validity of the will: Challenges may be raised regarding the testator’s capacity to make the will, undue influence, or forgery.
- Conflicts between beneficiaries: Disagreements may arise among beneficiaries regarding the distribution of assets, interpretation of the will, or the executor’s actions.
- Mismanagement of the estate by the executor: This can include failing to properly collect assets, paying debts, or distributing the estate in a timely manner.
- Removal of an executor: Beneficiaries may seek the removal of an executor for reasons such as misconduct, negligence, or a conflict of interest.
Our Services for Contentious Executries:
- Reviewing the will and related documents to determine its validity and the executor’s duties.
- Investigating and gathering evidence to support your claims.
- Negotiating with other parties to reach a settlement.
- Representing you in court proceedings if necessary.
- Seeking the removal or replacement of an executor.
- Obtaining an accounting of the estate’s assets and the executor’s actions.
Contentious Powers of Attorney
A power of attorney is a legal document that authorises someone to act on your behalf in financial or personal matters. Disputes can arise when:
- The attorney abuses their power: This can include misusing funds, making decisions that are not in the principal’s best interests, or acting without proper authorization.
- There are concerns about the principal’s capacity: Questions may be raised about whether the principal had the mental capacity to grant the power of attorney or is being unduly influenced.
- Disputes over the interpretation of the power of attorney: Ambiguous language can lead to disagreements about the attorney’s authority.
Our Services for Contentious Powers of Attorney:
- Reviewing the power of attorney document to determine its validity and the attorney’s authority.
- Investigating allegations of abuse or misuse of power.
- Challenging the validity of a power of attorney due to lack of capacity or undue influence.
- Negotiating with the attorney or other interested parties.
- Representing you in court proceedings to protect your rights or those of the principal.
Contentious Guardianships
A guardianship is a legal arrangement where a court appoints a person (the guardian) to make decisions for an adult who is deemed incapable of making decisions for themselves due to illness, disability, or other factors.
Guardianship disputes can arise over:
- The need for a guardianship: Family members or other interested parties may disagree about whether a guardianship is necessary or appropriate.
- The selection of the guardian: Disputes may occur about who should be appointed as guardian.
- The guardian’s actions: Concerns may be raised about the guardian’s decisions or actions.
- The ward’s rights: The ward may feel that their rights are being violated or that their wishes are not being respected.
Our Services for Contentious Guardianships:
- Assessing the need for a guardianship and representing you in guardianship proceedings.
- Challenging or supporting the appointment of a particular guardian.
- Monitoring the guardian’s actions and advocating for the ward’s rights.
- Seeking the removal or replacement of a guardian.
- Assisting with the restoration of the ward’s rights if appropriate.
Our Approach
We take a client-centred approach to all contentious matters related to trusts, executries, powers of attorney, and guardianships. Our solicitors will:
- Listen carefully to your concerns and understand your goals.
- Provide clear and concise legal advice tailored to your specific situation.
- Develop a strategy that is designed to achieve the best possible outcome for you.
- Keep you informed and involved throughout the entire process.
- Represent you with skill, integrity, and compassion.
We understand the sensitive nature of these disputes, and we are committed to providing you with the support and guidance you need during this difficult time.
Contact Us
If you are facing a dispute involving a trust, executorship, power of attorney, or guardianship, we encourage you to contact our firm for a consultation. We will be happy to discuss your situation and explain your legal options.
