Trust disputes
Explore how we can help you with any legal requirements connected to a private wealth dispute.
Contact our teamOur expert trust disputes solicitors are well-equipped to assist you in settling trust disputes, whether you’re a trustee or a beneficiary.
We possess a wealth of knowledge in handling an array of trusts. Disputes surrounding trusts can emerge for diverse reasons and carry significant ramifications for both the trust and those who stand to benefit from it. Unscrupulous or careless trustees can inflict enduring damage on the trust and its holdings.
Our expert legal team can assist in addressing any trust disputes, catering to both beneficiaries and trustees.
What is a trust dispute?
A trust dispute is any dispute that arises among beneficiaries, trustees, or other parties involved in the administration or distribution of a trust. They can involve issues such as interpretation of trust terms, breach of fiduciary duty, mismanagement of trust assets, or allegations of fraud or undue influence.
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Can you challenge a trust in the UK?
Yes, it is possible to challenge a trust in the UK. If you believe that the trust is invalid or that there has been a breach of trust, you may be able to take legal action to challenge it. It is advisable to consult with a lawyer who specialises in trusts to discuss your specific situation and explore your options.
What are the grounds to contest a trust?
Grounds to contest a trust can vary, depending on the specific circumstances, but some common grounds include:
- Lack of capacity: If the person who created the trust (the settlor) was not of sound mind or lacked the mental capacity to understand the nature and consequences of creating the trust, it may be contested.
- Undue influence: If it can be proven that the settlor was coerced, manipulated, or unduly influenced by another person to create or modify the trust in a way that goes against their true intentions, the trust may be contested.
- Fraud or duress: If the trust was created or modified under fraudulent circumstances or as a result of threats or duress, it may be subject to contestation.
- Mistake: If there was a mistake in the creation or interpretation of the trust document, such as a clerical error or a misunderstanding of the settlor’s intentions, it may be contested.
- Breach of fiduciary duty: If the trustee, who is responsible for managing and distributing the trust assets, fails to balance the best interests of the beneficiaries, properly invest the trust assets, or breaches their fiduciary duties, the trust may be contested.
- Ambiguity or uncertainty: If the terms of the trust are unclear, ambiguous, or open to interpretation, it may be contested to determine the settlor’s true intentions.
It is important to consult with an experienced trust disputes lawyer who specialises in trust and estate law to understand the specific grounds and requirements for contesting a trust.
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Why choose our trust dispute solicitors?
Our trust dispute solicitors have extensive experience in handling complex and sensitive trust disputes. We understand the intricacies involved in these cases and are committed to providing tailored advice and practical solutions.. With our collaborative and strategic approach, we strive to achieve the best possible outcome for you. Trust us to navigate the legal complexities and safeguard your interests.
How can our trust dispute solicitors help?
Our trust dispute solicitors are experts in resolving disputes related to trusts, inheritance, and estates. We offer tailored advice and representation to individuals and families involved in complex and high-value trust disputes. Our team adopts a strategic and proactive approach to achieve the best possible outcome for our clients, whether through negotiation, mediation, or litigation. We understand the sensitivity and emotional impact of these disputes and strive to provide a supportive and empathetic service throughout the process.
What kinds of trust disputes do we handle?
- Conflicts amongst trustees
- Conflicts between the competing interest of beneficiaries
- Concerns about a trustee’s behaviour
- Matters related to trust management
- Questions about trust-held assets
- Controversies over the interpretation of trust deeds
Who do our trust dispute solicitors help?
We offer guidance to both beneficiaries and trustees involved in trust disagreements.
If you have reservations about how a trust is being managed or the behaviour of a trustee or beneficiary, our specialised trust dispute lawyers can help you find a resolution, enabling efficient trust administration. They work in collaboration with our team specialising in tax, wills, trusts, and probate, who are well-versed in trust organisation and oversight.
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Trust disputes – FAQs
How long do you have to contest a trust in the UK?
In the UK, the time limit to contest a trust is generally within 12 years from the date the trust was created or within 6 years from the date the claimant became aware of the issue. It is advisable to seek legal advice promptly to understand the specific time limits that may apply to your case.
How to contest a trust
Contesting a trust can be a complex legal process that requires careful consideration and professional guidance. If you believe that a trust is invalid or that you have been unfairly treated as a result of a trust, here are some general steps to consider when deciding whether to contest a trust:
- Understand the grounds for contesting: Familiarise yourself with the legal grounds for contesting a trust, which may include lack of capacity, undue influence, fraud, mistake, or improper execution of the trust document. Consult with an experienced trust and estate lawyer to determine if you have a valid basis for contesting the trust.
- Gather evidence: Collect any evidence that supports your claim, such as medical records, financial documents, witness statements, or any other relevant information. This evidence will be crucial in building your case.
- Consult with a lawyer: Engage an experienced trust and estate lawyer who specialises in trust litigation. They can review your case, assess the strength of your claim, and guide you through the legal process.
- Review the trust document: Carefully review the trust document to understand its terms, beneficiaries, and any provisions that may be relevant to your claim. Your lawyer will help you interpret the trust document and identify any potential issues.
- Attend mediation or other alternative dispute resolution sessions: In many cases, the court may require parties to attend mediation or another kind of alternative dispute resolution to explore the possibility of resolving the dispute without going to trial. Your lawyer will represent your interests during these proceedings.
- Prepare for court: If a settlement cannot be reached, your case may proceed to court. Your lawyer will help you prepare your case, gather additional evidence, and present your arguments in court.
- Follow the court’s orders: Once a decision is reached, it is important to comply with the court’s orders. This may involve distributing assets according to the court’s ruling or taking other necessary actions.
Remember, the process of contesting a trust can vary, depending on the specific circumstances of your case. It is essential to consult with experienced trust disputes lawyers who can provide personalised advice based on your situation.
Who can contest a trust?
Any interested party, such as a beneficiary, creditor, or legal representative, may potentially contest a trust. They may challenge the validity of the trust document, allege undue influence or fraud, question the mental capacity of the settlor, or claim that the trust is being mismanaged or not in accordance with the settlor’s intentions.
What is an example of a trusts dispute?
An example of a trusts dispute is when beneficiaries of a trust believe that the trustee is mismanaging or misappropriating the trust assets, leading to disagreements and potential legal action to resolve the dispute.
Can a property in a trust be contested?
Yes, a property in a trust can be contested. Beneficiaries or interested parties may challenge the validity of the trust, the actions of the trustee, or the distribution of assets. It is advisable to consult with a lawyer experienced in trust and estate litigation to understand the specific circumstances and options for contesting a trust.
What are the claims for breach of trust?
Claims for breach of trust include misappropriation of trust assets, failure to properly manage and invest trust assets, failure to distribute trust assets according to the terms of the trust, and failure to act in the best interests of the beneficiaries.
How much does it cost to contest a trust?
The cost to contest a trust can vary depending on the complexity of the case and the specific circumstances involved. It is recommended to consult with a specialist lawyer to discuss the details of your situation and receive an accurate estimate of the potential costs involved.
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