Sentences with phrase «beneficiaries against the trustee»

Not exact matches

The trustee must identify and then take title to the trust's assets, keep accurate records, report to the current beneficiaries, execute and settle all transactions, protect and insure the property and defend the trust against claimants.

When a loved one passes away and their estate is distributed through the probate process, a beneficiary or trustee who feels as though they are being improperly treated or discriminated against may opt to dispute the execution.

The new trustees now faced a classic dilemma; at the point where funds available were lowest, they had to decide whether to proceed with a case against the original trustees with all the inherent risks that entailed in terms of adverse costs if they lost or, not take action but risk a future claim by the trust's beneficiaries for failing to carry out their duties in properly preserving the trust's assets.

Larry represents the Trustees of The Carroll Hall Shelby Trust in a number of litigation matters against a trust beneficiary.

Trustees can not assert legal professional privilege against the beneficiaries where the legal advice was paid for out of trust funds.

The application claimed that the Labourers» policy against dual union membership was a mere pretext, passed in order to give two of the trustees of the Local 1059 Benefit Trust, Jim MacKinnon (who is also the business manager of Local 1059) and Brandon MacKinnon (who is also the President of Local 1059) the ability to «confiscate» Garcia's «dollar bank» credits and divert them to the benefit of other beneficiaries.

(3) A beneficiary may enforce for the beneficiary's own benefit, and a trustee appointed under section 315 may enforce as trustee, the payment of insurance money payable to him, her or it, but the insurer may set up any defence that it could have set up against the insured or the insured's personal representative.

In RFF, the Court ruled that an «exception to the exception» applied, since the «legal advice [was being] procured «at the trustee's own expense and for his own protection,» given that the «trustee is defending himself against the threat of litigation brought by the beneficiary.»

The right of a beneficiary of a trust to enforce his or her title as against the trustee is governed by the Real Property Limitations Act, which has a ten - year limitations period, but is subject to the principle of discoverability;

Representation of a trust beneficiary in an action against trustees for self - dealing and breach of trust.

Successfully defended trustees against a claim by a future trust beneficiary that they were misapplying the terms of the multimillion - dollar trust and distributing income incorrectly.

Successfully defended Professional Trustee against Petition by beneficiary for surcharges of hundreds of thousands of dollars for alleged malfeasance.

Trustees and their advisers will need to give careful thought to the potential costs implications of putting issues before the court for determination, particularly where those issues arise against a background of disagreement between beneficiaries and the tTrustees and their advisers will need to give careful thought to the potential costs implications of putting issues before the court for determination, particularly where those issues arise against a background of disagreement between beneficiaries and the trusteestrustees.

Claim by beneficiary of pension fund against pension trustees, solicitor and accountants regarding pension planning and purchase of annuity.

Will challenges; testamentary capacity; estate accounts disputes; claims by and against estates, dependent's relief, guardianship issues; advice to beneficiaries and trustees;

Breach of fiduciary duty claims against executors and trustees — acting for beneficiaries or co - executors / co-trustees who have concerns regarding the administration of an estate or trust, as well as defending executors and trustees;

Where land or rent is vested in a trustee upon an express trust, the right of the beneficiary of the trust or a person claiming through the beneficiary to bring an action against the trustee or a person claiming through the trustee to recover the land or rent, shall be deemed to have first accrued, according to the meaning of this Act, at and not before the time at which the land or rent has been conveyed to a purchaser for a valuable consideration, and shall then be deemed to have accrued only as against such purchaser and any person claiming through the purchaser.

This was an application by beneficiaries of a Bahamian trust for information under the Data Protection Act, aimed at requiring the trustees» solicitors to provide material for use in a dispute against the trustees.

A beneficiary of a trust brought a claim against the trustees, our clients, for breach of trust.

She claimed that the trustees had gone against guidance in a letter of wishes when they paid out a large sum to another beneficiary.

Can a trial judge assess over $ 85,000 in attorneys fees against beneficiaries for suing a trustee who committed «numerous breaches of his fiduciary duty to the Trust»?

5th DCA: Can a trial judge assess over $ 85,000 in attorneys fees against beneficiaries for suing a trustee who committed «numerous breaches» of fiduciary duty?

Advising the trustees of a charitable trust in relation to their duties following a potential claim against them by a large public school beneficiary.

Obtained dismissal on summary judgment of suit by beneficiary against bank trustee for breach of fiduciary duty and conflict of interest arising from bank's loan of $ 75 million to the corporation it controlled, as trustee, for transactions the beneficiary claimed were imprudent

Successfully defended beneficiary at jury trial against trustee's claim she should return $ 5 million the trustee mistakenly distributed to her from a trust