When it comes to estates and trusts, disputes are rarely planned, but they do happen – and far too frequently. Although we often strive to solve problems through discussion, mediation or other forms of alternate dispute resolution, there are times when corporate or individual fiduciaries, beneficiaries or family members need an experienced litigator to be their advocate.

These matters require careful and sensitive handling, and we prioritize providing individualized counsel responsive to each family’s unique needs. We have the experience and expertise to provide you with the support necessary to work through, amicably resolve, if possible, or if not, litigate any dispute that may arise.

Perhaps there is a challenge to the will or to the deceased’s capacity, or a dispute about an estate, a trust or its administration. Maybe the executors or personal representatives of the estate are not doing their job. Perhaps the trustees are not fulfilling their duties. Alternatively, perhaps the fiduciary – a bank, trust company or an individual, is being unfairly attacked and needs expert representation.

Dentons Rodyk pursues other actions before litigation in the estates and trusts area but when this happens, it is important to choose an experienced legal team and, when appropriate, one that can provide guidance for assets in any jurisdiction, and courts in any locale.

Insights

Can beneficiaries of a trust request for disclosure of communications between the trustee and other beneficiaries?

April 30, 2024

Singapore: Can a beneficiary of a trust request for disclosure of communications between the trustee and other beneficiaries? The Singapore High Court decision in Mustaq Ahmad v Providentia Wealth Management Ltd and others suggests that beneficiaries have limited and conditional rights to disclosure within the context of trust law, with no statutory provisions explicitly addressing disclosure to beneficiaries. A beneficiary’s right to seek disclosure of trust documents and communications is part of the court’s inherent jurisdiction to supervise trust administration.

The importance of ascertaining the Claimant’s and the Respondent’s respective legal standing - Chye Hwa Luan & 2 Ors v Do Allyn T [2023] SGHCR 10

August 8, 2023

Singapore: In Chye Hwa Luan & 2 Ors v Do Allyn T [2023] SGHCR 10, the Singapore High Court held that a claimant must not only establish its own legal capacity to commence an action, but the claimant must also ensure that the defendant it chooses to sue has the necessary legal capacity to defend the action. A failure to do so would subject the case liable to be struck out or thrown out of court. We will briefly unpack the Chye Hwa Luan decision in this article and conclude with some learning points for all litigants, particularly in the law of succession, moving forward.

Anonymity in administration actions

June 16, 2023

Singapore: The law of confidence and the law of trust are often complementary: most settlors (especially wealthy patriarchs or matriarchs) who set up living or will trusts to provide for their future generations may want to keep the terms of the trust confidential so that the extent of their wealth, the identities of the people that they wish to benefit, and the manner (and possible differences in treatment as to) how they intend to benefit each beneficiary are kept secret. That confidence may be compromised if litigation regarding the trust arises. In this article, we will consider how trustees can continue to protect the secrecy of the trusts in administration actions by anonymity orders.

View all insights for Trust and Estate Litigation