If you’re a beneficiary or a trustee of a trust, we can help you in the event of a dispute between any of the parties involved in its administration. This can be a complex and emotive area of the law, so you need the right level of legal expertise on your side to help resolve the dispute.
Our specialist team advises clients in different languages on a wide range of legal matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.
How can disputes arise over a Trust?
When appointing trustees, the settlor (the person setting up the trust) will have chosen them very carefully, given the level of authority a trustee can have over the money and assets held in the trust. It is common for trustees to be close relatives or loved ones of the settlor, which can make any disputes all the more complex and upsetting.
Examples of how trust disputes can arise include:
- Beneficiaries might feel that they are being denied money that should be paid to them by the trust
- You may feel that a trustee has acted against the best interests of the beneficiaries, or that another trustee has ignored their actions
- The settlor may have created the trust under duress from another party
- The settlor or a trustee may be found to have lacked the mental capacity necessary to carry out their role
- The trust may have been used to disguise ownership of certain assets
These are just a few examples of the many ways that a trusts dispute can arise. If you have any concerns about the way that a trust is being administered, we recommend that you seek legal advice.
How will I know if I should take action to resolve a trusts dispute?
The role of a trustee calls for a very high level of personal and professional integrity. You should keep this in mind when determining whether or not a particular act or omission by a trustee is sufficiently serious to warrant legal action. We can discuss the circumstances of any breach of duty with you and advise whether or not you should take things further.
How are trusts disputes resolved?
Depending on the content of the trust document, it may be possible to remove a trustee, if the dispute relates solely to their conduct. If this is not possible, the dispute may have to be settled by mediation as an alternative to the cost and complexity of going to court.
Should this prove unsuccessful, the dispute can be settled in court as a last resort, however it is often possible to avoid this. Without speaking to you, to establish the full facts of your dispute, we are unable to give more specific advice, so we recommend that you contact us promptly to discuss your circumstances.
How do I get legal advice on trusts disputes?
Call us on 0208 1111 911 or contact us through the website and we’ll arrange a time to discuss your circumstances thoroughly with you. The initial call is free and we’ll advise you of our fees before you decide whether or not to instruct us.