A beneficiary’s right to information
Beneficiaries are entitled to a certain amount of information about a trust where they are a beneficiary, and, accordingly, trustees have a duty to disclose that information to them. However, there is a limit to this, and trustees can sometimes be reluctant to disclose certain information about a trust.
Clarity for beneficiaries and trustees
Beneficiaries are often unclear about what they are entitled to see, which can lead to confusion or concern, particularly where communication has broken down or where there is a lack of transparency.
Ultimately, there are a number of factors trustees must consider before exercising their discretion to disclose information, and it is important to take legal advice on this to ensure the correct information is provided. The framework governing disclosure is nuanced, and both trustees and beneficiaries can benefit from clear guidance to avoid misunderstandings or disputes.
Generally speaking, beneficiaries have a right to see trust documents which set out the terms of the trusts, the identity of the trustees, and the assets within the trust. This would generally include the trust deed, any deeds of appointment/retirement or amendments, and the trust accounts. Beneficiaries are generally not entitled to see any documents pertaining to the trustees’ decision-making process, such as minutes of any trustee meetings.
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There may be occasions where beneficiaries have concern about the way in which the trustees are dealing with the trust and want further information about the trust. Alternatively, trustees may be faced with requests for information from beneficiaries, and are unclear about what they should or should not disclose for reasons of confidentiality or otherwise.
How we help our clients
Beneficiaries’ entitlement to see documents
Trustees’ disclosure of documents
Document confidentiality
Court procedure for disclosure of documents
What our clients are saying
They strike the perfect balance of being friendly but professional, and no matter how grave your current situation is, you know you’re in the safest, most expert hands.
The team have an extensive knowledge and a breadth of expertise.
Recent work highlights
Information for beneficiaries
Unmerited claim for information
Application for disclosure
Beneficiary and trustee dispute
Negotiation of payments to beneficiary
High Court claim
Dispute between trustees
Dispute between trustees
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