What to consider when a trust is involved in legal action

ANY LEGAL action by a trust must be properly brought in the names of the trustees. Since a trust is not a person and cannot act, when litigation is initiated the action must be brought (or defended) by its trustees. Although it is desirable to cite the trustees of the trust as the applicant, failure to do so does not mean that the case will fail (Villon Family Trust v Kirby case of 2012).