Client Stories
Breach of Trust
We acted for the trustees of two trusts in connection with a dispute arising with their fellow trustee in relation to allegations of breach of trust.
We successfully negotiated a settlement with the trustee in which he agreed to retire as a trustee of both trusts, and also agreed to give up his interest in the trusts.
Conflict of interest and lack of cooperation
We acted for a professional executor and trustee in connection with a successful removal application of her co- executor and trustee, due to their lack of cooperation in dealing with the estate and their conflict of interest.
The matter was settled just before the final hearing when the trustee agreed to step down. The removal of the uncooperative executor then allowed our client to make an application to the court on behalf of the estate, for a declaration as to the proper ownership of assets which had allegedly been transferred to an offshore trust during the deceased’s lifetime.
We were successful in arguing that the assets had never left the deceased’s estate and the court made a formal declaration confirming that position. This meant that the assets could then be sold by the executors free of any personal liability.
