Angela C. Artherton

Caring and Client-Focused Advocacy

How can beneficiaries and trustees navigate trust disputes?

On Behalf of | Oct 18, 2024 | Trust Administration

Trust disputes between beneficiaries and trustees can be challenging, especially when emotions are high. Arkansas law provides guidelines to help resolve these disagreements.

Understanding the best approach can make the process smoother for everyone involved.

Understand the role of the trustee

A trustee has a legal duty to manage the trust assets according to the terms set by the trust and to act in the best interest of the beneficiaries. This fiduciary responsibility requires transparency and fair dealing. Trustees must follow these guidelines to avoid breaching their duties, which can lead to disputes.

Communicate openly to prevent misunderstandings

Many trust disputes arise because of poor communication. Beneficiaries might feel uninformed, while trustees may feel overwhelmed by their responsibilities. Open communication can bridge the gap. Trustees should keep beneficiaries updated about the trust’s status, financial decisions, and any changes. Holding regular meetings can help clear misunderstandings before they escalate.

Seek mediation before legal action

When disputes cannot be settled through communication, mediation is an effective step. Mediation allows both parties to discuss their concerns with the guidance of a neutral third party. Mediation is often used as a cost-effective and less adversarial way to resolve trust disputes. It helps maintain family relationships while finding an agreeable solution.

Take legal action if necessary

In some cases, disputes cannot be resolved without court intervention. Arkansas courts handle trust disputes under probate law, and beneficiaries or trustees may petition the court if they believe there has been wrongdoing. Legal action can be time-consuming and costly, so it’s often seen as a last resort.

Resolve the dispute

Navigating trust disputes requires patience, clear communication, and a willingness to find common ground. By understanding their roles, beneficiaries and trustees can work toward resolving their issues while protecting the trust’s integrity.