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Trust Disputes

Trusts are a commonly used and effective legal structure for many purposes. However, their inherent complexity and the often-misunderstood legal framework that governs the rights and obligations of the various stakeholders often leads to conflict.

Without proper guidance, trust disputes can be extremely stressful, time-consuming, and expensive for trustees and beneficiaries alike.

Our Litigation and Dispute Resolution Team are highly experienced in acting for trustees and beneficiaries in a wide range of trust disputes.

Book a consultation with one of our expert Litigation & Dispute Resolution Solicitors today.

Meet the team

Sean Powell

Managing Partner

Andrew Smyth

Consultant

Christine Smyth

Special Counsel

Thomas Adamson

Senior Associate

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What our clients have to say

As first home buyers Emma from Robbins Watson made the experience stress free. With her professional service and excellent knowledge of industry. Couldn't recommend her more. Thank you!

Kimberley G

Very pleased with this firm and the outcome we received. Highly recommend Robbins Watson for any Family Law matters.

Cate B

Sean and his team have always been incredibly supportive and knowledgeable. Couldn’t recommend Robbins Watson Solicitors more!

B.M.

I recently had the opportunity to work with Alexandra Coyle, and I couldn't be more pleased with the experience. From the outset, she demonstrated exceptional professionalism and a deep understanding of the legal issues involved which was very reassuring. I felt well-informed throughout the process, and she worked tirelessly to ensure a successful outcome for me. I’m glad I reached out to this firm. Thank you for making a challenging situation so manageable. I highly recommend Alexandra for anyone seeking reliable and empathetic legal assistance.

Justyna B

I was so pleased with Bell’s work. I found her easy to get along with, explain things clearly and make the whole process calm. I would recommend her to anyone going through an estate dispute.

Taylah C

Marcus, thank you again for your support throughout the settlement process, we very much appreciate your professionalism, advice and communication from start to finish! We would be happy to recommend Robbins Watson to our family and friends.

Angela

Good morning – just wanted to send a quick email off and let you know how impressed (my wife and myself) have been with Emma – We have bought a couple of properties up there over the last year or two – we’re from Wagga Wagga, NSW and are relocating up there at the end of this year. Emma has been absolutely fantastic to deal with and we couldn’t be happier!!! It makes things really easy when you have someone on the ball like she is – so yeah, just a quick ‘Well done’ – thanks so much, we really appreciate it and keep up the good work!

Jarrod

Thank you again for your services, I cannot fault you and your team. You are always such a pleasure to deal with and make what would normally be a stressful time, quite the opposite.

Emma (& Helen)

Please extend my warmest thanks to All that have assisted me. You all have made the process of dealing with Wills, selling property, and soon with my own Will and things. Robbins Watson have exceeded my expectations in ability, personal interactions, pleasant meetings; in short, you are my Solicitors of choice, and I say so to any and all.

George

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Frequently Asked Questions (FAQs)

What can cause a trust dispute?

Disputes may arise over distribution of income or capital, interpretation of trust deeds, failure of trustees to act impartially or alleged misuse of trust assets.

Who has standing to challenge a trustee’s decision?

Beneficiaries and, in some cases, creditors or the settlor can apply to the court if they believe the trustee has breached their duties.

Can trust disputes be resolved without litigation?

Mediation, variation of trust deeds with court approval or removing and replacing trustees are options to resolve conflicts without lengthy court proceedings.

What is a trustee’s duty when managing trust assets?

Trustees must act in good faith, keep proper accounts, invest prudently and give due consideration to the interests of all beneficiaries.

How are trust disputes relating to family trusts resolved?

The court can interpret trust deeds, enforce beneficiaries’ rights or remove a trustee; parties often settle through negotiation to preserve family relationships.