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Beneficiary and trust dispute lawyers

Resolve sensitive trust disputes with our veteran lawyers

On top of the legal and financial stakes they bring, beneficiary and trust disputes are often highly emotional affairs. Negotiating, mediating, litigating and resolving these disputes requires counsel from sensitive and experienced lawyers. AANDI Lawyers specialise in navigating fraught legal cases. Book a consultation at our Melbourne law firm today.

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Beneficiary & trustee disputes

Clarify your position and options with expert legal counsel

If you are unsatisfied with the administration of a trust or feel that you have been maligned by the beneficiaries or owner of a trust, we can help.

  • Get a fair outcome
    We can clarify the details of your trust deed to ensure you receive precisely what you’re entitled to.
  • Protect your interests
    Whether you’re a trustee or a beneficiary, we’ll help fortify your legal protections and defend your best interests against undue influence.
  • Get a fast resolution
    Through meticulous research, open communication and straightforward negotiations, we aim to resolve trust disputes as amicably as possible.

Protect your trust assets today. Book your consultation.

Understand your rights, obligations and entitlements with the help of our trust dispute lawyers.

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Building and construction dispute services

Seeking trust litigation advice? Here’s what to do.

Communication conversation
1

Tell us about the concerns, issues or disputes you have with your trust.

Document
2

We will investigate to determine precisely how the trustee failed to meet their obligations.

Balanced law scales
3

We will advise you on your options, suggest an overall strategy and recommend the appropriate action.

Legal action
4

We will pursue your case until we reach the final outcome, even if litigation is necessary.

5

Seeking trust litigation advice? Here’s what to do.

Communication conversation
1

Tell us about the concerns, issues or disputes you have with your trust.

Document
2

We will investigate to determine precisely how the trustee failed to meet their obligations.

Balanced law scales
3

We will advise you on your options, suggest an overall strategy and recommend the appropriate action.

Legal action
4

We will pursue your case until we reach the final outcome, even if litigation is necessary.

Seeking trust litigation advice? Here’s what to do.

Communication conversation
1

Tell us about the concerns, issues or disputes you have with your trust.

Document
2

We will investigate to determine precisely how the trustee failed to meet their obligations.

Balanced law scales
3

We will advise you on your options, suggest an overall strategy and recommend the appropriate action.

Our trust disputes team

Our lawyers have extensive experience in resolving trust disputes and defending the rights of parties on either side of the equation. Partner with us, and we’ll assign you a dedicated lawyer to oversee your case. Though based in Melbourne, we’ll gladly represent clients across Australia.

Let us help you protect your trust assets and claim your entitlements

We can navigate you through all types of trust disputes

In the effort to protect their assets, trust-makers can develop factually and legally complex trust deeds. These nuances exist for all trust types, including business and family trusts, as well as charitable trusts and testamentary trusts. 

With our nuanced expertise, we are able to represent both beneficiaries and trustees in matters involving:

  • Alleged breach of trust or misconduct of trust
  • Unpaid present entitlements
  • Income distribution
  • The preparation of financial accounts
  • Access to documents 
  • Lost trust deeds
  • Removal  of a trustee 
  • Applications to the Supreme Court of Victoria for judicial rulings

We practice excellence. You deserve nothing less.

Fast and efficient

Trust disputes can have a significant impact on your business and livelihood. We work hard to ensure you get a speedy resolution for your case without unnecessary delays.

Clear communication

We provide open, honest and straightforward advice with actionable strategies. We want you to feel informed enough to make confident decisions at every turn.

Accessible legal advice

We offer fixed fees or tailored pricing to suit you and your case. We will advise you on your situation and describe your options to get an idea of where you stand.

Experience you can trust

We have the experience and expertise to investigate trustee disputes and provide advice on how to move forward towards the desired outcome.

Testimonials

Contact our commercial litigation lawyers

Litigation is often a time-sensitive matter.
Our lawyers are ready to go.

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Level 3, Building 5, 658 Church Street, Richmond, Victoria 3121

Monday – Friday
8:30am – 5pm

Flexible payment plans available

Dale Street Parking and Wilson Parking nearby

Frequently asked questions

What are the trustee’s fiduciary responsibilities?

A trustee is responsible for the administration of the trust and has been given that responsibility by the creator (or donor) of the trust (the business, a wealthy family member, etc.). The trustee is obliged to ensure that the trust operates according to the regulations set out in the trust deed, which include how the trust is to be funded, and how and when the trust's beneficiaries are to receive their entitlements.

What reasons could I have for a trust dispute?

There are several reasons why clients believe they may have grounds for a potential trust dispute. These reasons can include:

  • Belief that the trustee has failed to meet their fiduciary obligations or is acting beyond the bounds of their authority
  • Improper or lax administration of the trust by the trustee
  • Disagreement over the interpretation of the trust deed
  • Disputes over the mental capacity of the creator of the trust to fairly distribute their assets through the trust
  • Income disputes between trustees, trust-makers and shareholders benefiting from a trust

In our experience, the majority of trust disputes revolve around technical details (such as deed interpretation) rather than any malicious intent from any of the involved parties. By carefully assessing the legal stipulations of the trust, we can help you — and your opposing party — understand precisely what obligations and entitlements you all have.

However, there can be more complex issues at play. The Victorian Supreme Court can dissolve trusts found to have been fraudulently created or set up to protect or hide assets.

What outcomes can I expect from my trust dispute?

The outcomes we seek will depend on the specific nature of your dispute.

  • If you’ve suffered financial losses due to the trustee’s misconduct, we will aim to win you adequate compensation
  • If the trustee improperly disposed of assets that you are entitled to, we will aim to restore correct ownership of those assets
  • If the trustee has misinterpreted the trust deed, we will aim to clarify the terms and ensure the intent of the will is properly served going forward

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Page author

Leigh Nikolakis is a qualified commercial tenancy dispute lawyer with years of experience in this area of law.

About us
Leigh Nikolakis
Principal Lawyer

Leigh has decades of legal experience and has held the Director position at AANDI Lawyers for over 8 years.