Trust Disputes
Trusts are frequently used in estate planning, and family and farming businesses.
The question of what your rights are as a beneficiary can often seem confusing or too difficult to address.
We can assist in providing practical legal advice that is easy to understand.
We can also guide trustees by clearly explaining the nature of their duties and obligations when facing a potential dispute.
We can assist with:
- Advising a beneficiary of their rights under any trust deed
- Advising a trustee of their duties, powers, rights, and potential conflicts of interest
- Investigating suspected trust mismanagement
- Advising an appointor or guardian how to lawfully add or remove a trustee from a trust
- Challenging the validity of a trust
- Amending a trust deed or terminating a trust
Our Services
Eastwood Law has experience in acting in a range of jurisdictions in estate matters and related disputes, including the Supreme Court of Western Australia, the Court of Appeal (WA), the High Court of Australia and the State Administrative Tribunal.
We have advised and acted for clients based in other states of Australia as well as overseas.
Probate and Letters of Administration
When a person dies, the executor must usually obtain a grant of probate to execute the will. If no will exists, a grant of letters of administration is needed to distribute the estate.
MoreChallenging the Validity of a Will
You can challenge a will if you believe the maker lacked capacity or the will doesn’t reflect their true intentions. If successful, the Court may grant probate for a prior will.
MoreExecutors Duties and Disputes
BBeing an executor is a significant responsibility, often requiring assistance to ensure the will is carried out and the estate is properly administered.
MoreBeneficiaries Concern Over Estate Administration
Beneficiaries can ensure they receive their entitlement by holding executors accountable, often through requests for the executor to “pass accounts” to the Court.
MoreTrust Disputes
Trusts are common in estate planning and family businesses. Understanding your rights as a beneficiary can often be confusing or challenging.
MoreComplex Estate Disputes
We handle estate disputes involving multiple issues, including will validity, constructive trust, and family provision claims, developing effective solutions for commercial outcomes.
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