Trust litigation is evolving. Trustees remain under intense pressure, with beneficiaries bringing increasingly sophisticated claims involving self-dealing, disclosure failures, investment decisions, distribution disputes and removal applications. But where trustees are protected by trust structures, reserved powers or statutory regimes such as VISTA trusts, claimants are increasingly looking elsewhere. 

This session explores the expanding landscape of fiduciary liability, examining claims against protectors, independent directors and other professional service providers, including investment advisers. It will also consider cases involving fraud, where trustees or directors are appointed to lend legitimacy to a structure but later become embroiled in litigation when the underlying wrongdoing is uncovered. 

Drawing on recent litigation trends, the session will examine the claims shaping modern trust disputes, when fiduciary administration can lead to personal liability, and the practical strategies that distinguish defensible decision-making from conduct that creates personal exposure.