Michael S. Brophy
Partner | Los Angeles
> Experience > Our practices > Trust, estate and inheritance disputes > Problems with trustees
Trustees, protectors and other fiduciaries are increasingly likely to face legal proceedings. They may be accused of failing to discharge their duties properly, or are being pursued by creditors of the people who set up the trust. Alternatively, there could be problems between them and the trust beneficiaries.
We represent beneficiaries of both domestic and offshore trusts. We act in ‘friendly’ disputes, where the court gives guidance on how best to resolve a particular trust or estate problem, or where the court needs to approve something that is not permitted under the terms of the trust. If the matter cannot be sorted out this way or the parties are ‘hostile’, we prosecute or defend on behalf of our client as necessary.We have been involved in the lead cases where trustees and protectors have been removed and we can advise both sides where this is attempted.
Many of our clients are professional trustees located in offshore trust centres, including the Channel Islands, Cayman Islands and Bermuda, but we also act for trustees based around the world, particularly in the US and UK.
If you have concerns about a trustee, time is of the essence. In many jurisdictions there will be a time limit within which you can bring your claims. If you have some information such as a set of accounts that looks awry, it’s important to start investigating or you may not be able to bring a claim later.
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