A situation of trust is raised when the person holding personal or business assets bids farewell and left behind a trust fund. Filled with the emotion of loss of a person, you go through the condition where inheritors do not agree on stipulation. At this time trust litigation works out who sort out the legal matter in a better way.
Litigation arises to trust condition when any family member is doubted and needs to be clarified. An intervention of court on a trust takes place in such condition; it can’t involve any resentment between the affected parties. Though, it’s certain that the reason to involve court is to not arise any sort of bitterness between the aggrieved parties. The general guidelines formed by the court for trust litigation are:
- Trust modification case– in such case, the affected party ask for making amendments in the existing terms of the trust formed
- Term termination case-here, the aggrieved party request to cancel the terms wholly
- Construction case-in such a case the wording of court becomes important, as here the court rule the phase of the trust
- Fiduciary action case-irresponsibility of executor of the estate planning from his duties can make its inheritors to take legal action against them
The above mentioned lists are not the only conditions for trust litigation. These are the few circumstances which can be the reason of it.
Whether you are in need of trust litigation?
An inheritor may take legal action in the following cases for trust litigation:
- When the deceased person has drafted the trust without concerning any lawyer or has made with some lawyer, who was inexperienced
- Trust has some stipulations which the inheritor is not aware of or the trust gives the right to some third party.
- The deceased has not appointed any person for carrying out the terms of trust or has appointed more than one executor which can lead conflict
- The second marriage can create a chaos situation where assets are not clearly distributed between both the spouse and their children.
- When the trust has been formed in undue influence which mostly happens in case of elder exploitation.
- In case of insufficient testamentary capacity of trustee
- The trust has been formed by fraud or mistake
- When trust contains some Illegal provisions in it
- In case of bankruptcy
Depending on the specific reason, trust cases are fought either for making changes in existing trust or for preserving it. The cause for involving court can be one or many, trust litigators try to coordinate the different strategies. As different legal issues are associated with trust right that can better tacked by trust litigators who are well rounded skillet in solving variety of legal cases. When you are fighting the case against your own family members then you are in a need of highly reputed litigator on your side. You can search for top litigators who can fight your case in the court.