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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.

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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.

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Challenging 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.

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Executors 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.

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Beneficiaries 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.

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Trust Disputes

Trusts are common in estate planning and family businesses. Understanding your rights as a beneficiary can often be confusing or challenging.

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Complex 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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Get Your Free 20-Minute Legal Consultation.

Why Choose Eastwood Law?

  • Boutique WA estate-litigation firm — we focus exclusively on contested estates, probate, family provision claims, will challenges and trust disputes.
  • Cameron Eastwood, Director — 20+ years of advising West Australian families through complex estate matters.
  • Supreme Court of WA + Court of Appeal experience — we appear at every level, including the High Court of Australia and the State Administrative Tribunal.
  • Trusted since 2005 — backed by hundreds of West Australian families who have walked through this with us.
  • Free 20-minute consultation — we will hear you out, give clear advice, and let you decide if we are the right fit.

Phone: (08) 9481 8460 · Office: Level 1, 26 Railway Road, Subiaco WA 6008

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Frequently Asked Questions

What types of trust disputes do you handle?
We act in disputes involving testamentary trusts, family trusts, discretionary trusts and unit trusts. Common issues include breach of trust, trustee removal, conflicts of interest, beneficiary entitlements, accounting and information requests, and constructive trusts arising from estate disputes.
Can a beneficiary remove a trustee?
Yes, on grounds of misconduct, conflict, incapacity, or where removal is in the best interests of the trust. The Court has both statutory and inherent jurisdiction to remove and replace trustees.
I am a beneficiary – what information can I demand from the trustee?
Beneficiaries are generally entitled to: a copy of the trust deed, accurate trust accounts, knowledge of the trust’s investments and assets, and the trustee’s reasoning for major decisions. Recent High Court authority continues to evolve in this area.
What is a breach of trust?
A breach of trust occurs when a trustee fails to comply with their duties under the trust deed, statute, or general law. Breaches include misappropriation, unauthorised investments, conflicts of interest, failure to account, and improper exercise of discretion.
How are trust disputes resolved?
Most resolve through negotiation or mediation. Court applications are common where the trust deed is unclear, the trustees are deadlocked, or one party will not engage. We work to resolve disputes commercially while protecting your position.

Get Your Free 20-minute legal consultation

Our commitment to our clients means that achieving a positive result for you is our priority.