Costs in trusts and trust disputes – key considerations

Trusts are widely used to protect and manage assets, but questions around costs can arise both during their administration and when disputes occur. This webinar will explore the costs implications for trustees and practitioners, clarifying when costs may be recoverable from a trust fund, clients or third parties. It will provide practical guidance on minimising the risk of fees being challenged or reduced and maximising the prospects of recovery.

Topics covered include:

• Trustees: duties and responsibilities
• Trustees’ authority to incur costs: general rule
• Costs: general position with costs in litigation
• Litigation involving trustees:
  • Trust disputes
  • Beneficiaries’ disputes
  • Third party disputes
• Examples of litigation involving trustees:
  • Application to determine construction or scope of trust
  • Application for directions
  • Actions challenging validity of trust
  • Third party proceedings other than challenging trust validity
  • Beneficiaries’ actions to enforce rights under a trust
  • Actions for protection of trustee’s personal interest
  • Actions to remove trustees
  • Actions for breach of trust
• Beneficiaries’ costs
• Basis of assessment
• Prospective costs orders
• Beddoes applications
• Costs in trust appeals
• Alternatives to litigation, including mediation