When a family trust
becomes a family dispute.
Family trusts and testamentary trusts often outlast the person who set them up. We act in disputes about who controls a trust, how trustees behave, and what beneficiaries are entitled to.
Is this you?
When people come to us about trust disputes.
Each of these is a good reason to call, and none of them is too early.
- A parent has died and a sibling now controls the family trust.
- The trustee will not provide accounts or information.
- Distributions are being made to some beneficiaries and not others.
- You want to remove or replace a trustee.
How we help
Control of a trust passes under its deed, not the will.
Who controls a trust after a death depends on the trust deed, usually through the appointor or guardian. Trustees must act honestly, in good faith and in line with the deed, and beneficiaries can ask the court to intervene where they do not.
We read the deed, advise on control and the rights of each party, and resolve disputes by negotiation, mediation or proceedings in the Supreme Court.
What we do
- Trust deed reviews and advice on control
- Disputes about appointors and trustees
- Requests for trust accounts and information
- Breach of trust claims
- Removal and replacement of trustees
- Mediation and Supreme Court proceedings
What happens first
Your first week with us.
A matter should feel different from the first call. This is what you can expect before anything is signed or sent.
The first call: where things stand
What has happened, which documents exist, and any time limit that is already running.
In writing: an assessment and an estimate
Whether there is a real basis to act, what the steps are, and what each stage will cost, before any work is done.
The first steps: your position protected
Time limits diarised and the documents and records requested, so nothing is lost while a resolution is worked out.
From then on: one lawyer, who answers
One lawyer runs the matter from start to finish, and keeps you told.
Your team
Who you will deal with.
Matters are run by the people below, not handed down.
Questions
Frequently asked questions
If your question is not here, it is a good reason for the free call.
Who controls a family trust after the founder dies?
It depends on the deed. Usually the appointor or guardian named in the deed, or their successor, controls who the trustee is.
Can a trustee be removed?
Yes, under the deed by the person with that power, or by the Supreme Court where the trustee is not acting properly.
What does it cost?
Wills and powers of attorney made online have a fixed price, shown before you pay. Probate, estate administration and estate disputes are quoted in writing before the work starts, and you are told early if anything changes.
More in estate disputes
View all wills and estates- Challenging the validity of a willChallenges where the will-maker lacked capacity, was pressured, or the will was not properly made.Read more
- Contesting a willFamily provision claims for people who were not adequately provided for, within the six-month time limit.Read more
- Defending a contested willExecutors and beneficiaries defending claims against an estate, protecting the will and the estate’s value.Read more
- Executor and beneficiary disputesDisputes over delays, accounts, property and conduct between executors and beneficiaries.Read more
- Guardianship and capacity disputesVCAT applications for guardians and administrators, and disputes about attorneys and capacity.Read more
Tell us what is going on. We will tell you where you stand.
A free 15-minute call. If it is a matter for us, you are booked in with the right solicitor before the call ends. If it is not, we will say so.