Authors: Shane Campbell, Janna McGuigan
Published: 3 February 2021
Pages: 58

Introduction

This webinar and paper are intended to give all practitioners and trustees a better understanding of some of the more commonly litigated trust issues. An issue has been deemed to be “common” if it is an issue that the authors have come across in practice more than usual. The list is far from exhaustive. Other issues include memoranda of wishes, Beddoe applications, and others. The Trusts Act 2019 will also undoubtedly spur more litigation to resolve areas of novelty and doubtless in the relationship between trustees and beneficiaries.

Content outline

• Introductory trust concepts
• Procedure for trust litigation and trustee conduct in litigation
• Applications for directions
• Access to trust information
• Removal or trustees
• Conflicts of interest
• Claims to defeat trusts
• Constructive trust on trust