Disputes between executors and/or beneficiaries
With emotions running high after the death of someone close, arguments over the Will (or lack of one) and the deceased's finances can add even more unwanted stress.
If tensions rise between executors or beneficiaries, we can help you find a route through the process. You may feel an executor has not fully complied with the deceased's wishes or has not acted in the best interests of the estate or you may be in disagreement as to the contents or the application of the will.
We also act for executors, helping guide you through your duties and advising on disputes and claims the estate faces from beneficiaries or associated parties who feel they have a claim in the estate.
We can help you with this and advise you on any recourse that you may have.
Power of Attorney
Powers of Attorney aren't just useful for caring for the elderly, they should be considered by everyone with financial assets. There are two types of Lasting Power of Attorney - one deals with wealth and finances, the other deals with more personal issues, such as any specific wishes you have about the medical care you receive in the future.
With people living longer, we all need to put plans in place for people to manage our affairs if we are unable to do so. You cannot assume that your spouse or loved one will automatically be able to make decisions for you. That's why we recommend putting Powers of Attorney into place as soon as possible.
Breach of trust & fiduciary duty
A trustee is someone who is responsible for a trust. A trust can arise in very simple circumstance, such as someone holding property or money for another person. If a Trustee acts (or fails to act) a way is not that's not authorised by the terms of the trust or by the law, they may be liable for a claim against them. For instance, they may have distributed or invested assets in a way that was not permitted.
A breach of fiduciary duty may also have occurred, for instance, when a trustee profits from a trust, acts outside its powers or acts when there is a conflict of interests.
Fiduciary duties exist wherever there is a fiduciary relationship, in other words a relationship with financial implications between two or more parties these types of duties do not just exist for trustees, executors of estates, brokers but directors of companies too.
We can help you understand the legal implications and bring your case to a satisfactory conclusion.