If as a
beneficiary or trustee you are involved in a trust dispute, our team of estate
planning, Wills and probate Solicitors can advise and represent you. Trust matters can become contentious for a
number of reasons, necessitating the involvement of a specialist in this area
of law to bring about a resolution.
What are the common reasons for trust disputes?
may occur as a result of the actions, or inactions of a trustee, co-trustee,
legal practitioner, or the settlor.
Reasons may include:
breach of trust by a co-trustee
administration of the trust
and/or substitution of executors or trustees
settlor lacked mental capacity
settlor was unduly influenced
settlor received negligent legal or tax advice when creating the trust
settlor created the trust in an effort to defraud
trust deeds are themselves fraudulent
deeds don’t accurately reflect the settlor’s wishes
and unclear trust deeds
On receipt of a
complaint in relation to the handling of a trust, it is essential to seek legal
advice from a trust fund Solicitor with the experience and legal expertise to
determine if there is a true basis for a dispute and to decide on the possible
courses of action.
It may not
always be necessary to seek formal action in regard to a trust dispute. Alternative dispute resolution is an
effective method in many cases to bring about an amicable outcome to a dispute
of this nature.
the highly sensitive nature of trust disputes.
If you are a beneficiary who feels that they have been unfairly treated
by the settlor or the administrator, or as a trustee you are being subjected to
unreasonable demands by beneficiaries, we will take the time to understand the
underlying factors of the case, and seek a resolution with the minimum of cost,
time, and damage to already fragile relationships.
How can alternative dispute resolution (ADR) resolve trust disputes?
such as mediation, adjudication, and arbitration all aim to achieve an amicable
outcome to a dispute by using non-legal means.
ADR has become increasingly popular in Ireland in recent years due to
its considerable benefits; it is typically much cheaper and faster than
litigation involving the Courts, and crucially it helps preserve relationships. ADR dispute resolution relies on an
independent and neutral third-party who will either play a role in helping the
parties to find their own conclusion (mediation) or make a determination on
their behalf (arbitration).
Why choose Lavelle Partners to assist you with trust disputes?
are a partner-led firm, meaning the partner you meet will manage your case and
be available to you if you have any questions.
specialists in ADR methods, we can often find a solution to your trust dispute
without the need for formal Court involvement, saving time, money and preserving
Solicitors are approachable, intelligent, and pragmatic. Our Managing Partner and founder Michael
Lavelle is a well-known Dublin lawyer and refuses to call something a
‘problem’; it is merely a ‘slight issue’.
clients remain with us long-term and most of our new clients come to us via
referrals. In addition, most team members have been with the firm for 15-30
years. We know our clients, their
families, and their businesses inside out and this helps us provide exceptional
service and gives people confidence in the quality of the advice and
representation they receive.
advice is to the point; we will not ask
you to choose between five different options, we will advise which one will
protect and further your best interests.
it comes to trust and inheritance matters, we always are sensitive and
compassionate in our dealings.
Walsh, our Head of Property, holds a Diploma in Trust and Estate Planning (Law
Society and STEP) 2004.
For further information regarding trust disputes in
Ireland, please contact Lavelle Partners in confidence on (01) 644 5800.