January 9, 2020
Why you should make a Will
There is a common misconception that there is little or no merit in making a Will and it is easier to leave it to the laws of intestacy to decide...
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.
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:
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.
We understand 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.
ADR methods, 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).
For further information regarding trust disputes in Ireland, please contact Lavelle Partners in confidence on (01) 644 5800.
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