Settling a trust dispute can be a complex process, and a distressing time if a disagreement has to be resolved between family members. So we want to ensure that the process is as quick and straightforward as possible. In turn, it’s important to prepare for what to do with a dispute and how you can manage every eventuality.
Consider the Grounds for Settling a Trust Dispute
If you are planning to raise a dispute, you should consider the grounds that you have to base your claim on. Concurrently, the legal grounds to raise a trust dispute include
- The trust’s signature isn’t in line with legalities or with the correct formalities.
- When fraud is a factor in the process of creating the trust.
- Undue influence weighs on the creator of the trust.
- The trustee lacks the mental capacity to understand the trust or what they were signing.
So you must weigh the grounds on which you want to base the dispute. From there, you can then raise it with a solicitor and take the case forward.
Hiring a Solicitor for Settling a Trust Dispute
Next, you should always make sure that one of your first steps is that you hire trust dispute solicitors. Doing so ensures you know exactly what to do in terms of your individual case. Additionally, you’re less likely to make mistakes along the way that could impact it.
Solicitors can help to guide your case and help you arrange for the procurement of evidence. 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.
Arrange Mediation
Most trust disputes reach settlement once mediation takes way. In general, the mediation process has many advantages. In short, it will include two main factors.
- First, you need to gather the trustees together.
- Second, you must discuss the case, aiming to work toward 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 closes before any sort of court proceedings can go ahead. Additionally, it enables you to maintain close relations with your family. Ideally, a resolution will come as smoothly as possible after the case closes.
Court Proceedings
You can go to court in order to remove or change a trustee who is 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. And, more importantly, that you can sustain good relations between you and your family members.