An Introduction to Trust Disputes & Complex Issues - For Private Client Advisors in Scotland
Whilst becoming less popular for tax purposes, trusts still very much have a place in society - particularly in succession planning with blended families. Much like with executries where there is a growing trend with disputes arising, contentious trust matters are also cropping up, particularly in those mixed-family circumstances.
The cost of administering trusts is also often off-putting and many people now opt not to involve solicitors after their initial creation which can result in various (often unintended) issues.
This new half day course will establish what the consequences of a breach of trust are, the remedies or defences available to trustees and practical solutions to dealing with disputes when they arise.
The course is aimed at practitioners who deal in the administration of trusts, or advise trustees on their ongoing duties, and those dealing in executries where trusts may be created as a result.
What You Will Learn
This course will cover the following:
- Reminder of trustees’ duties/powers
- Whether trusts or transfers to trust can be set aside and when this may be an issue
- What constitutes a breach of trust, including a review of ultra vires and intra vires breaches of trust
- The standard of care required and breaches of fiduciary duty
- Investment disputes
- Accounting and other remedies for a breach of trust
- Trustee defences and whether exoneration clauses can be relied upon
- Disclosure of documents in trust disputes
Please let us know if you wish to be notified.
Please let us know if you wish to be notified when new dates are added for this programme