When dealing with trust disputes, Sinels promotes holistic solutions taking into account the wider picture including client welfare.
In particular, where there was a betrayal and a threat to financial stability. Clients can lose the ability to respond in a rational way and go through stages akin to those recognised within the grieving process. Reaching acceptance of the wrong doing, for example by a spouse or family member is a difficult journey and can lead to their being manipulated into disadvantageous behaviour and settlements.
Funding for Litigation
The complexity of disputes involving large amounts of money and assets, especially those which may require litigation in multiple jurisdictions may require supportive funding mechanisms. Sinels can advise on legitimate options in this regard.
Inappropriate Trustee Actions
Claims against a trustee for inappropriate use or investment of trust money are won by demonstrating that the trustee has breached duties imposed by the Trust Deed or by the governing Law. Poor quality investments, poor quality investment advisors failing to monitor investments and speculative investments all give rise to claim.
The chain of causation between the breach of trust and the repercussions to the trust need to be considered so that the quantum of any claim can be measured.
Common Trust Disputes
Among all the issues that can arise and cause dispute in terms of trusts, the common thread is often the misuse or mismanagement of the trust by the trustees. In the absence of an unscrupulous trustee such allegations may also stem from a trustee not acting impartially and wrongly obeying the instructions of beneficiary who may be but one beneficiary of a number who are all members of a fractious family or where there has been a falling out or estrangement.
While a difficult situation, professional trustees will be expected to deal with it and must do so in a way that does not breach their duties to all the beneficiaries otherwise they may find themselves the subject of a claim by an aggrieved beneficiary.
Breach of Trust claims
Sinels acts on behalf of all who have legitimate breach of trust claims against mlicious actors, whether dishonestly assisted by others or acting alone. Recipients of disbursements or transfers of significant assets having actual knowledge of the deceit may likewise be prosecuted.