Know Your Rights Under a Trust

In recent times, a number of person have created trusts in order to avoid the complexities of probate. The grantor, the person who institute the trust, transfer properties to named trustees to be administered by virtue of a trust deed and to be held on trust for the benefit of persons known as beneficiaries.

In some instances however, trustees for one reason or another refuse to transfer the properties to the named beneficiaries inspite of the provisions in the trust deed. In light of these circumstance, what can a beneficiary do to protect his entitlement to trust properties?

First, the beneficiary needs to request from the trustees, an account of their trusteeship to ascertain the trus status of the estate.

Second, the beneficiary may call upon the trustees to transfer the trust properties to him. If the trustees fail and / or refused to do so, the beneficiary can file an application for an Order in a Court of competent jurisdiction to compel the trustees to transfer the properties to the beneficiary.

If the trustees refuse to comply witht the Order of the Court, the beneficiary needs to bring this to the attention of the Court who would cite the trustees for contempt of Court. In addition, if the trustees have committed any acts of conflict of interest or conversion of trust properties to their own use, they can be sued to recover such properties, etc.

In light of the above, it is important that you know your rights under a trust estate and not to allow trustees to dictate their own whim and fancies to beneficiaries.