Litigation &

Dispute Resolution

Trust Disputes

When there are disagreements about a trust

Trusts are established to protect assets and provide certainty for families and future generations. However, disagreements can arise when trustees, beneficiaries, or family members have different views about how a trust should be managed or administered.


Whether you're concerned about the way a trust is being run, disagree with a trustee's decisions, or need advice about your rights as a beneficiary, understanding your legal position early can help prevent matters from escalating.


At Smith and Partners, we provide practical advice and representation to help clients resolve trust disputes efficiently while protecting their interests.

What is a contract breach?

A contract breach occurs when one party fails to meet the obligations they agreed to under a legally binding contract. This could involve failing to deliver goods or services, failing to make payment, not meeting agreed timeframes, or otherwise not complying with the terms of an agreement.


Not every disagreement amounts to a breach of contract. Understanding your rights, obligations, and the remedies available is often the first step towards resolving the dispute.

Common tenancy matters


Our team regularly advises clients on matters including:


  • Disputes between trustees and beneficiaries
  • Challenges to trustee decisions
  • Concerns about trust administration
  • Trustee duties and obligations
  • Removal or replacement of trustees
  • Breaches of trust
  • Distribution of trust assets
  • Family disputes involving trusts


Every trust is different, and the most appropriate approach will depend on the terms of the trust deed and the circumstances surrounding the dispute.


Understanding trust disputes


Trust disputes often involve both legal and personal issues. Family relationships, succession planning, and significant assets can all contribute to disagreements that become increasingly difficult to resolve without independent legal advice.


In many situations, obtaining advice early can help clarify the rights and responsibilities of everyone involved and identify opportunities to resolve the matter before formal court proceedings become necessary.


Resolving trust disputes


Not every trust dispute needs to be resolved through litigation. Depending on the circumstances, resolution may involve:


  • Negotiation between the parties
  • Mediation
  • Trustee meetings
  • Court applications where required
  • Formal litigation where disputes cannot be resolved


Our focus is always on achieving the most practical and cost-effective outcome while protecting our clients' interests.

Why seek advice early?

Trust disputes can become more complex over time, particularly where family relationships or significant assets are involved.


Seeking advice early can help you:


  • Understand your rights and obligations
  • Clarify the trustee's responsibilities
  • Protect trust assets
  • Reduce the risk of ongoing conflict
  • Explore opportunities for early resolution

How Smith and Partners can help

Our Litigation & Dispute Resolution team works with trustees, beneficiaries, families, and other interested parties across a wide range of trust disputes.


Whether you're seeking advice about the administration of a trust, questioning a trustee's decisions, or responding to a claim, we provide clear, practical guidance tailored to your circumstances.



If you're involved in a trust dispute or have concerns about the management of a trust, contact Smith and Partners to discuss your situation and learn how we can help.

Carolyn Ranson
Nathan Tetzlaff
Karolina Lepiesza
Peter Smith Consultant
Deborah Sylvester

Frequently Asked Questions

  • Can a trustee be removed?

    Yes. In some circumstances, a trustee can be removed or replaced if they are no longer able to fulfil their duties, have breached their obligations, or there has been a breakdown in the relationship between trustees or beneficiaries. Whether removal is appropriate will depend on the trust deed and the specific circumstances.

  • What are a trustee's legal responsibilities?

    Trustees have a legal duty to act in the best interests of the beneficiaries and to administer the trust in accordance with the trust deed and the Trusts Act 2019. They must act honestly, manage trust assets responsibly, and comply with their legal obligations. If there are concerns about how a trust is being managed, it's important to seek legal advice.

  • Can a beneficiary challenge a trustee's decisions?

    Potentially. Beneficiaries may be able to challenge a trustee's decisions if they believe the trustee has acted outside their powers, failed to comply with the trust deed, or breached their legal duties. Every situation is different, and obtaining advice early can help clarify your rights and the options available.

  • Can trust disputes be resolved without going to court?

    Yes. Many trust disputes can be resolved through negotiation, mediation, or discussions between trustees and beneficiaries before court proceedings become necessary. Early legal advice can often help identify practical solutions and reduce the impact on family relationships and trust assets.

  • What should I do if I think a trust is being mismanaged?

    If you have concerns about the way a trust is being administered or believe a trustee is not meeting their legal obligations, it's important to seek legal advice as soon as possible. We can review the circumstances, explain your rights, and advise on the most appropriate way to address the issue.

Helping you navigate disputes

Practical articles and legal insights on disputes, litigation, mediation, and resolution.

Left Out of Your Parent’s Will? Your Rights and Estate Claims Explained

Left Out of Your Parent’s Will? Your Rights and Estate Claims Explained

By Carolyn Ranson • June 13, 2026
Being left out of a parent’s Will — or receiving less than you expected — can be both surprising and distressing. The law in New Zealand provides that, in many cases, this may not be the end of the matter.
Why Estate Disputes Still Happen: The 2026 Patterns behind Estate Claims

Why Estate Disputes Still Happen: The 2026 Patterns behind Estate Claims

By Carolyn Ranson • June 7, 2026
In our experience, estate disputes are rarely unexpected. They tend to arise where known risk factors—such as estrangement, informal caregiving arrangements, or uneven provision in a will—have not been addressed clearly during lifetime.
The Strategic Advantage of Settlement: Why Resolving Litigation Early Often Makes Sense

The Strategic Advantage of Settlement

By Natalie Miller • May 26, 2026
In the realm of civil and family litigation, the decision to settle a dispute rather than pursue a judicial outcome is often framed as a tactical choice
Red arrow pointing up, surrounded by white arrows pointing to the side, against a blue background.

Opportunities and challenges as the Disputes Tribunal’s Jurisdiction Increased to $60,000

By Nathan Tetzlaff • January 30, 2026
The jurisdiction of the Disputes Tribunal doubled from $30,000 to $60,000 on 24 January 2026, causing significant changes for collecting medium sized debts. This increase is intended to improve access to justice and reduce the need for costly District Court litigation for medium sized disputes.