This On Demand was originally recorded on 24 July 2024.

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Navigating Trustee Disputes: Resolving Fiduciary Conflicts

Trust disputes are challenging and the category of inter-trustee disputes are some of the most challenging. They are potentially “trust-ending” if not handled with care and expertise. Within discretionary family trusts, clashes between co-trustees can escalate into bitter conflicts, jeopardising the trust's future and leaving families in turmoil that may deadlock the trust and forever fracture family relationships. Beneficiaries caught in the cross-fire face the depletion of trust funds due to legal costs.

How can you spot the common triggers and warning signs of trustee disputes? What strategies effectively mitigate risks and prevent litigation? How do trustees balance fiduciary duties with personal interests, particularly when they are beneficiaries themselves? Can a Memorandum of Wishes offer assistance and to what extent?  What recourse do lawyers have once litigation ensues? How can alternative disputes resolution, such as mediation and arbitration assist?

In this webinar, seasoned experts will address these pressing questions, offering real-world insights, citing relevant case law, and discussing effective resolution techniques. By attending, you'll gain confidence in navigating trustee disputes and safeguarding the integrity of the trusts you advise on.

Who Should Watch?

Those practising in the areas of trusts and estates, and private client work as well as general practitioners.

Presenters

Theresa Donnelly, Legal Services Manager, Perpetual Guardian

Henry Stokes, Group General Counsel, Perpetual Guardian

Learning Outcomes

• Gain insights into the latest trust law developments and their impact on trustee responsibilities and disputes.
• Recognise common triggers and early signs of trustee disputes to prevent deadlock situations.
• Discover strategies to minimise risks and avoid costly litigation through proactive conflict management and communication.
• Understand removal & appointment stoushes and their implications.
• Understand the implications of deadlocked trusts and how to involve the court effectively.
• Learn strategies to manage and minimise litigation expenses.
• Benefit from sample applications for directions, and other practical checklists to manage trustee disputes effectively. 
• Learn from real-life examples and case studies that illustrate successful conflict resolution strategies and best practices.