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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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I am owed money by a Will Trust can I sue the Trust or should

Resolved Question:

I am owed money by a Will Trust can I sue the Trust or should l sue the Trustees ?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. You sue the trustees if the trust owes you money. The trustee might have been unhelpful, but they are correct in that you cannot sue the trust, you must sue the trustees as the trust only acts via the trustees as it has no independent personality in law from the trustees. So I would suggest you get a solicitor to draft proceedings against the Will Trust and sue the trustees as the named trustees of the trust. Alternatively, you can issue the legal proceedings yourself against the trustees. However, it might be better to get professional help as you will get your legal costs paid if you win. Be aware that the trustees have a personal right of indemnity from the trust assets for any claim you make against them. So, don't think the trustees will personally be paying up.
Expert:  Buachaill replied 1 year ago.
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