Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Equity & trusts
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Effective Trusts - Minimising Disputes Through Design, Governance and Administration (Paperback)
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Effective Trusts - Minimising Disputes Through Design, Governance and Administration (Paperback)
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Trust disputes can be tremendously costly, in terms of legal fees,
hiring experts and lost opportunity costs, as well as the costs
attendant with the often emotionally charged atmosphere that can
pit family members against one another. Despite the high toll,
trust litigation continues to increase around the world - both in
the number of matters being initiated and the amounts in
controversy - as trust instruments become increasingly important
vehicles in the management and transfer of wealth of various sizes.
Preventing a fire is substantially less costly than fighting one.
Identifying and appreciating the potential causes of trust disputes
puts settlors, trust officials and beneficiaries in the best
position to prevent a dispute from developing or accelerating. This
Special Report examines the causes of trust disputes and explores
the steps that settlors, trustees, beneficiaries and others can
take during each stage of a trust's lifecycle - design, execution,
administration and termination - to reduce the risk of sparking a
dispute. Supported by real world experience and input from leading
international trust practitioners, including estate planners,
general counsel and experienced trust litigators, this Special
Report delves into key concepts such as: thoughtful design of a
trust's governance; incorporating flexibility and adaptability into
a trust structure; the need for constructive communication and
engagement between fiduciaries and beneficiaries; practices and
procedures trust officials should consider implementing in trust
administration; and how trustees and beneficiaries can avoid adding
fuel to the fire once a dispute arises. The authors also examine
the benefits of involving different perspectives, including those
of experienced trust litigators, at various stages of the trust's
lifecycle, and offer practitioner insight into the measures and
approaches both fiduciaries and beneficiaries should consider
taking when a dispute first presents itself. Filled with real-world
practitioner guidance, perspective and insight on issues of
critical importance to fiduciaries, trust officials and
beneficiaries alike, this Special Report is essential reading.
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