Trustee suing beneficiary for sale of property

Discussion in 'Legal Issues' started by MiaB, 1st Feb, 2020.

Join Australia's most dynamic and respected property investment community
  1. MiaB

    MiaB New Member

    1st Feb, 2020
    The trustee of an estate is owed money for payment of levies (which the beneficiary did not authorise and had no knowledge of until the bills amounted to an exorbitant fee and was unable to pay in it's entirety). Beneficiary thought that there were sufficient funds in trust account, and levies were being debited as was done in years prior- however has come to realise there are large sums of money unaccounted for and the trust fund is fully drained.

    The will pertaining to the trust states that the trust should of been wound up and distributed to beneficiary some 10 years ago, well before any levies were outstanding. Beneficiary proposed to put caveat in place so the property could be transferred and a loan taken out to pay bills in trustee's name. Trustee has refused this and is now suing for ownership of property so he can sell.

    The bills owing undoubtedly have to be paid but the significant legal bills the trustee is wanting beneficiary to pay are extraordinarily high with interest on top. The trustee (longstanding family friend) never attempted to contact beneficiary about this, refused all incoming contact and waited til the bills had accumulated over the years and then had his lawyer file this suit.

    The property is not ready for sale and is an investment that was intended to hold onto for the next 20+ years.

    After having bad experiences with lawyers (specifically trust ones), would really appreciate recommendations for someone who might deal with this sort of thing.
    ellejay likes this.
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Plus Member

    9th Jun, 2006
    Australia wide
    A lawyer specialising in estate litigation.
  3. ellejay

    ellejay Well-Known Member

    19th Jun, 2015
    Kimberley and NZ
    Dan Georges at Finn Roche is an excellent litigation lawyer. Give him a call and run it past him. He was my forth lawyer in a row trying to deal with an issue with a property fraudster and has been outstanding. Had a judgement against the company done and dusted in no time.
    AnnieM and Terry_w like this.