Trust Dispute Lawyers

GLG Legal advises trustees, beneficiaries, appointors, family members and other parties involved in trust disputes. We examine the trust structure, the trustee’s legal responsibilities, any legal complexities and the practical consequences of the dispute before recommending an appropriate course of action.

Our trust dispute lawyers assist clients through negotiation, dispute resolution and court proceedings. We focus on protecting the client’s position while pursuing a legally sound and commercially appropriate outcome.

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Trust disputes may arise in relation to:

• Family trusts


• Discretionary trusts


• Unit trusts


• Hybrid trusts


• Testamentary trusts


• Business and investment trust structures


• Charitable trusts


• Constructive trusts and other equitable claims

Common disputes relating to trusts include:

• Disagreements about the distribution or retention of trust income and capital


• Concerns about the management or use of trust assets


• Failure to follow the terms of the trust deed


• Disputes about the interpretation, validity or amendment of a trust deed


• A trustee refusing to provide trust information or accounts


• Conflicts of interest or allegations of self-interested decision-making


• Disagreements between trustees, co-trustees, appointors or beneficiaries


• Questions about the appointment, replacement or removal of a trustee


• Alleged misuse of trustee powers or discretion


• Disputes arising from a family breakdown, death or business separation


• Claims involving undue influence, fraud, mistake or lack of capacity


• Disagreements about the ownership of property said to be held on trust

A dispute may arise where it is alleged that:

• The trust was not validly created


• The trust deed or a later variation is invalid or ineffective


• A person lacked capacity or was subjected to fraud or undue influence


• The trustee acted outside the powers granted by the trust deed


• The trustee failed to consider relevant matters when exercising a discretion


• A decision was made for an improper purpose or in bad faith


• The trustee placed personal interests ahead of the beneficiaries’ interests


• Trust property was misapplied, transferred or dealt with improperly


• The trustee failed to keep appropriate records or account for trust assets


• The trustee failed to administer the trust in accordance with its terms


• A person holds property subject to a constructive trust or another equitable obligation

Disputes between trustees and beneficiaries commonly involve:

• Requests for trust deeds, accounts or financial information


• Decisions to make, withhold or vary distributions


• The exercise of trustee discretion


• Concerns about investment or asset-management decisions


• Payments or benefits provided to the trustee or related parties


• The sale, transfer or use of trust property


• Failure to consider an eligible beneficiary


• Disagreements about who controls the trustee or appointor


• Proposed changes to the trust deed or trust administration

These disputes can be particularly sensitive where the parties are family members or have continuing business relationships. Family dynamics may influence the disagreement, but the legal position must be assessed by reference to the trust documents, evidence and applicable trust law.

Examples may include:

• Using trust assets for an unauthorised purpose


• Transferring property contrary to the terms of the trust


• Failing to account for trust funds


• Making an unauthorised profit


• Acting under an unmanaged conflict of interest


• Failing to protect or preserve trust property


• Distributing assets to a person who is not entitled to receive them


• Failing to comply with the legal requirements governing trust administration

Circumstances that may support removal can include:

• Serious or repeated breaches of trust


• Mismanagement or misuse of trust property


• A significant conflict of interest


• Refusal or inability to perform trustee duties


• Persistent failure to provide accounts or administer the trus


• A breakdown in relationships that prevents proper trust administration


• Incapacity, insolvency or another circumstance affecting the trustee’s suitability


• Conduct that places trust assets or beneficiaries’ interests at risk

Disagreements may concern:

• The interpretation or administration of a testamentary trust


• Control of a family trust following a death


• The transfer of trustee or appointor powers


• Whether particular assets form part of a deceased estate or a trust


• The conduct of an executor who also acts as trustee


• Conflicts between beneficiaries under a Will and beneficiaries of a trust


• The effect of estate planning or business succession planning arrangements

Our private advisory and tax lawyers advise private clients, business owners, investors, trustees and family groups on trust structures, taxation matters, asset protection and long-term wealth planning.

Disputes involving charitable purposes can raise different governance and regulatory considerations. Learn more about GLG Legal’s work with charitable trusts.

Our Brisbane-based lawyers assist clients with:

• Interpreting trust deeds and variations


• Advising on trustee duties and beneficiary rights


• Responding to requests for trust information


• Investigating suspected breaches of trust


• Bringing and defending equitable claims


• Seeking urgent orders to protect trust assets


• Negotiating outcomes between trustees and beneficiaries


• Removing, replacing or appointing trustees


• Representing clients in mediation and court proceedings


• Managing disputes involving trusts, estates, businesses and property

Contact GLG Legal to discuss the trust structure, the issues involved and the available resolution pathways.

Contact GLG Legal