Trust Disputes

Trust disputes often result from:

Breach of Trust - Trustees failing to follow the terms of the trust or acting in their own interest.

Lack of Transparency - Trustees withholding financial information or refusing to account to beneficiaries.

Mismanagement - Poor investment decisions or failure to preserve trust assets.

Disagreements Over Distribution - Conflicts about when and how beneficiaries should receive funds.

Validity Challenges - Allegations that the trust was created under undue influence, or without capacity.

Trustees in Ontario are subject to strict fiduciary duties and legal standards, including:

Duty of Loyalty - Trustees must act solely in the best interests of the beneficiaries.

Duty to Account - Trustees must maintain accurate records and provide regular reporting.

Duty to Preserve Assets - Trustees must manage the trust prudently and avoid unnecessary risk.

Interpretation of Trust Terms - Courts may be asked to resolve ambiguities or inconsistencies.

Remedies for Breach - Courts can remove trustees, order repayment, or vary trust terms where permitted by law.

Trust litigation can be emotionally charged and legally complex. Common challenges include:

Family Conflict - Many trusts are part of family estate plans, and disputes may involve siblings or close relatives.

Evidentiary Disputes - Proving breach of duty or misuse of assets often requires expert analysis and document review.

Multiple Jurisdictions - International trusts or beneficiaries in different provinces can complicate administration.

Blended Families - Disagreements may arise when second spouses or stepchildren are included or excluded.

Long-Term Trusts - Trusts that last decades may require court intervention as laws, relationships, or circumstances change.

At ME Law, we represent both trustees and beneficiaries in trust-related disputes. Our legal services include:

Trust Review - Analyzing the trust document and assessing the rights and obligations of all parties.

Fiduciary Guidance - Advising trustees on their duties and how to stay compliant with the law.

Dispute Resolution - Handling negotiations, mediation, or litigation involving contested trusts.

Court Applications - Seeking judicial directions, trustee removal, or interpretation of trust terms.

Asset Protection - Ensuring that trust assets are preserved and distributed as intended.

If you’re involved in a trust dispute—whether as a beneficiary or trustee—ME Law can help you navigate the legal complexities and protect your interests. Contact us today to get clear, strategic advice tailored to your case.