Our experts can assist you with:
- Breach of trust claims.
- Fiduciary duty claims.
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Our clients are whānau
Our clients are individuals and families, companies and trusts, charities, and . We pride ourselves in caring for our clients, making their lives easier through the long-standing relationships we build with them.
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We offer a comprehensive suite of legal services with a focus on commercial, Te Tiriti o Waitangi, property, dispute resolution, asset planning, environmental/natural resources, workplace law and Māori land.
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Our team are ready to help with your civil dispute. You can give us a call or enter your details in the form below and we will contact you as soon as possible.
“Put Up or Shut Up” – A Valuable Trustee Tool
Being a trustee is an onerous duty, particularly when someone is alleging they have a claim against you personally as a trustee or that they have a claim against the property of the trust/estate you are administering. Section 135 of the Trusts Act 2019, formerly section 75 of the Trustee Act 1956, provides an effective, but not often utilised, solution – it enables you to require the person making the allegation to “put up or shut up”.
How to Manage Your Role as an Executor and Beneficiary in a Civil Dispute
If you are appointed as an executor under a Will, a large amount of trust is placed in you. An executor has duties towards the beneficiaries, and beneficiaries have their own rights. But what about when an executor is also a beneficiary under a Will? How do you balance those two roles?
Trust disputes and the High Court
Trust disputes often arise due to differing views and personalities amongst trustees and/or trustee misconduct. Sometimes a ‘problem trustee’ is willing to retire, and retirement and replacement simply happens via the trust deed. But often that is not the case, or is not possible, and the High Court needs to step in. This article addresses the High Court’s jurisdiction around trusts and, in particular, trustee removal and replacement.
Dispute Resolution at McCaw Lewis
We can also assist with:
- Trust and Estate Disputes
- Relationship Property and Family Disputes
- Alternative Dispute Resolution
- Construction Disputes
- Debt Recovery and Creditors' Remedies
- Civil and Commercial Disputes
- Franchise Disputes
- Insolvency Issues
- Insurance Disputes
- Property and Lease Disputes
- Tort Claims (including Negligence)
- Rural Disputes
- Claims in Equity
- Te Tiriti o Waitangi and Iwi Disputes
- Māori Land Dispute Resolution