NSW Is This a Breach of Trust Law?

[Debarkle]

My 3 daughters were aged 5, 3 and 2 when my wife passed from cancer aged only 37. My wife was due to receive an inheritance from her mum's estate which had not been finalised at the time of her being told he had terminal cancer. My wife, on her family's insistence, left what money that was owed to her in a trust account being handled by her brother for our 3 daughter's.

To this day, when I have asked for help for their education I've been always meet with the attitude of "no normal child should pay for their schooling". I've had difficulties paying as I didn't work due to their ages. I have also never been told of what amount is in trust for my girls. No verbal or written confirmation. I have been told recently hat this could be a breach of the trust law.

Is this true and what would my next step be in this matter?

Thank you.

 

[Iamthelaw]

In short, yes, and it could well be. There are many duties imposed on a trustee.. The fiduciary relationship that exists in the context of a trustee–beneficiary association is the strongest form of fiduciary relationship. What is meant by this is that the duties flowing from the fiduciary relationship of trustee and beneficiary are strictly imposed.

Your next step would be to get the advice of a solicitor.