Breach of trust is when an individual, tasked with administering a trust, estate or acting as a power of attorney, is not upholding his or her legal responsibilities. Trustees and attorneys are held to a high standard to act ethically and in the best interests of beneficiaries and those on whose behalf they make financial, legal and medical decisions. When they fail to do so, legal action is possible.
Laughlin & Company Lawyers Mediators is a full-service Port Coquitlam law office with an active practice in all legal areas that are engaged in breach of trust claims, including wills, estates, and family law. We can advise as to whether an individual’s actions may constitute a breach of trust and effectively represent clients in litigation.
Role Of The Trustee, Executor Or Attorney
Each one of these roles carries a high level of “fiduciary” duty. It can be a point of contention, however, as to how that fiduciary duty is carried out. For example, a trustee must act in the best interests of the beneficiaries of a trust. Those best interests are not necessarily served by simply following the beneficiaries’ directions. In these circumstances, while a beneficiary may want to claim breach of trust, the trustee may have a legal defense.
Similarly, the executor of an estate does not — and indeed, in many cases, should not — merely follow the whims of the estate beneficiaries in order to fulfill his or her duties. In the case of a power of attorney, abuse of this role can include the attorney using his or her authority for his or her own benefit. Legal action may be appropriate in this case.
Laughlin & Company can help you if you are accused of breach of trust or want ongoing legal guidance as you fulfill your duties. We also advance breach of trust claims on behalf of clients who wish to take legal action in response to inappropriate behavior on behalf of a trustee or attorney.
Our Port Coquitlam lawyers assist clients from throughout the Tri-Cities of British Columbia. To learn more about breach of trust and your legal options, call the firm at 604-239-0800 or get in touch online to schedule an appointment.