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Claims against Estates & Trusts

When a family member passes away it is not uncommon for others to argue about how the deceased’s assets should be divided. Some family members may believe they have been unfairly left out of the will, and ask for more. Others may have expected to receive a particular item but the will didn’t provide for it. At times there will also be questions about whether a particular executor is suitable for that role; he or she may need to be removed and a replacement appointed.

Trustees are obligated to act in the best interests of the beneficiaries of the trust, putting their own interests to the side. When this not the case a dispute can arise between the parties to a trust. It may be that the beneficiaries want the trustees to provide them with certain financial information, to account for profits that have been earned by the trust, or to step aside so a new trustee can take over. The trustees may have defences to all of these claims.

At Law North Limited, we have lawyers experienced in pursuing and defending these types of cases at Court. Our specialist trust and estates provide expertise to assist our Court lawyers. Our litigation team is led by Graham Day. Contact him to discuss any concerns you have in relation to estates or trusts claims.

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9 April 2020

When tackling this tricky topic we must always remember that there are two sides to all leases: