Trust Disputes

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.

Claims

Sinels acts on behalf of all who have legitimate breach of trust claims against malicious 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.

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Beneficiary Claims Services

Enforcing Beneficiary Rights

Trustees may at times through inefficiency or avoidance for more sinister reasons, fail to perform their duties towards the beneficiaries of a trust. Misapplication of funds and investment failures are at the top of the list. Beneficiaries who have regularly requested and been denied proper accounting reports find in Sinels an experienced team determined to enforce their rights. We have successfully recovered tens of millions of pounds for disaffected beneficiaries.

Trust Disputes

Sinels are specialists in trust law and litigation, meeting the needs of our private and corporate clients from simple maladministration to breaches of trust and fraud.

Supporting Legitimate Actions by bona fide Trustees

Trustees faced with complex trusts and fractious families can face a perilous task with the potential for personal liability for making the wrong decision. Sinels provides advice at an early stage on how to avoid being sued. Sinels is able to support through the mechanism of an application for the advice or direction of the court. Should an application for directions be accepted by the court, it can insulate the trustees from liability.

Removal and Retirement of Trustees

In extraordinary circumstances, it is necessary and appropriate to remove a trustee from its position. Most trust deeds have some written provisions to guide the process for both retiring and replacing trustees, however, there are other circumstances where the trustee needs to be removed by legal action or the threat of legal action. Sinels has decades of experience in removing and replacing trustees, often against their wishes.