Overturning Discretionary Trustee Decisions - Strategies for Success

Introduction

This short webinar will explore ways in which you can successfully challenge trustee decisions without necessarily going as far as seeking to remove them from office.

It is often supposed that a discretionary decision made by a trustee is difficult or sometimes even impossible to challenge.

However, as this webinar will show, there are many different approaches based on either technical flaws in the execution of trustee decisions, or substantive problems with the decision making process itself, that might allow a beneficiary to make an application to court to have the decision set aside or reconsidered.

What You Will Learn

The short webinar will cover the following:

• Alternative ways to challenge trustee decisions
• Technical challenges
• Substantive challenges including:
• Failure to take account of only relevant matters
• ‘Fraud on the power’
• Breach of duty
• Obtaining disclosure from trustees
• Recent case law developments

This pre-recorded webinar will be available to view from Monday 16th December 2024

Alternatively, you can gain access to this webinar and 1,700+ others via the MBL Webinar Subscription. Please email [email protected] for more details.