Trust & Estate Disputes
James has very wide-ranging experience of contentious and non-contentious applications and proceedings relating to trusts and estates. James’s work includes making and or advising in relation to the following proceedings and/or issues: –
• Beddoe proceedings;
• breach of trust/duty proceedings (prosecuting and defending);
• disclosure/accounting applications;
• construction/interpretation applications;
• estate administration applications;
• fee disputes;
• Hastings Bass and mistake applications;
• insolvent trusts;
• prospective costs orders;
• Public Trustee v Cooper approval/blessing applications;
• rectification applications;
• trustee removal applications;
• trustee’s entitlement to security;
• variation applications.
Recent experience ranges from freezing a trust fund and removing the recalcitrant trustee to acting for beneficiaries in relation to the re-structuring of a significant trust where the relationship between key beneficiaries and the trustee had broken down.