Settling disputed trusts can be a complex process, and a distressing time if a disagreement has to be resolved between family members. To ensure that the process is as quick and straightforward as possible, it is important to be prepared for what to do in the event of a dispute and how you can manage every eventuality.
Consider the Grounds
If you are planning to raise a dispute, you should consider the grounds that you have to base your claim on. The legal grounds to raise a trust dispute include that the trust was not signed in line with legalities or with the correct formalities; fraud was involved in the process of creating the trust; undue influence was made against the creator of the trust; or the trustee lacked the mental capacity to understand the trust or what they were signing. Once you have considered the grounds on which you want to base the dispute, you can then raise it with a solicitor and take the case forward.
Hire a Solicitor
Next, you should always make sure that one of your first steps is that you hire trust dispute solicitors. Doing so will ensure that you know exactly what to do in terms of your individual case and that you make no mistakes along the way that could impact it. Solicitors can help to guide your case and help you arrange for evidence to be procured. They can also help you to organise mediation and discuss the best options in terms of your trust dispute, including whether it then needs to go to court.
Most trust disputes are settled once mediation takes way. The mediation process has many advantages and will include gathering the trustees together and discussing the case in the aim of working towards a resolution. However, a third party will sit in on these discussions, who can guide your conversation and aim to bring any disputes to a close. It will ensure that the case is closed before any sort of court proceedings can go ahead, and will also enable you to maintain close relations with your family as smoothly as possible after the case is closed by making sure that the case is resolved quickly.
You can go to court in order to remove or change a trustee included in the dispute. To do this, you will have to present the appropriate evidence to a judge, who will then decide if there is enough evidence to support removing the trustee. This evidence must be written in documents or testimony in order to be valid. Your solicitor will help you to arrange court proceedings, but the court should approve settlement agreements for the best practice, and they reserve the right to enforce these after the court proceedings.
Although family trust disputes can be complicated, with this guide, you will be able to navigate your trust dispute. It ensures that you will be able to resolve it as quickly and as simply as possible, ensuring that good relations between you and your family members can be sustained.