Whatever your interests and obligations to a Trust may be, if there are legal connotations you need a specialist by your side. It’s that simple.

Trusts can be complicated in nature, but the concept is simple – it’s a legally binding agreement, but there’s trust involved. So if there’s an issue, you need a lawyer you can trust, too.   

Whether a trust is created for its own purpose, or the Trust has been necessitated by some other circumstance or action, that Trust is best described as a relationship between people in which one person or entity (the ‘trustee’) holds an asset for the benefit of another (the ‘beneficiary’).

The Trustee has ‘fiduciary’ (i.e. statutory) responsibilities – for example, acting in the best interests of the Trust, pursuing the purpose of the Trust, and putting obligations to the Trust above self-interest. It’s when those obligations are breached that you need lawyers like Antunes by your side.

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When it comes to Trusts, you can count on Antunes Lawyers.

Antunes Lawyers has a decades long history of guiding our clients through the complex landscape of Trusts. From establishing brand new Trusts, to prosecuting and defending Trust litigation, we’re really proud of our reputation for overseeing successful remedial actions.

If you’re a beneficiary of a Trust and your Trustee has breached their fiduciary duties, you have a right to pursue a number of remedies in court, including:

  • Equitable Compensation.Equitable Compensation is a form of damages. As beneficiary of a Trust you can seek Equitable Compensation for any loss suffered as a result of the Trustee’s breach.
  • Account of Profits.An Account of Profits is another form of damages, which can be sought when the Trustee has gained a tangible benefit while in breach of their obligations as Trustee under the legislation.
  • Tracing.Tracing can be sought when the Trustee has wrongfully disposed of Trust assets. Beneficiaries can seek a court order that any assets obtained by the Trustee for their personal gain can be transferred to the beneficiaries.
  • Remedial Constructive Trust.A Remedial Constructive Trust is the creation of a new Trust to remedy the wrong committed. An order is made that the Trustee must hold any asset acquired by them in a new Trust for the benefit of the original beneficiaries.
  • Institutional Constructive Trust.An Institutional Constructive Trust is a new trust where the ‘wrongdoer’ is a fiduciary of the Trust. The Trustee holds any asset for the beneficiary from the date that the breach of the fiduciary duty first occurred.
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