Will, Trust & Inheritance Disputes

Acting as a trustee can sometimes be difficult and complicated. Disagreements can arise between trustees as to the best course of action. Beneficiaries of the trust may become unhappy about the actions (or lack of action) taken by the trustees.

Our Will, Estate and Trust Disputes team are specialists in trust disputes and can help in the following ways:-

• Advising trustees or beneficiaries about the validity and correct interpretation of terms of a trust, the trustees’ legal duties and the rights of beneficiaries

• Assisting trustees or beneficiaries in negotiations for managing a trust’s affairs

• Applying to Court on behalf of trustees or beneficiaries for a Judge to make a range of decisions about the management of a trust, including:-

o   Investment or sale of trust assets

o   Distribution of capital or income from the trust to a beneficiary

o   Varying the terms of the trust under Variation of Trusts Act 1958

o   Bringing a trust to an end

• Representing trustees or beneficiaries in connection with claims that a trustee has acted in breach of trust, including claims for damages (i.e. compensation) for any losses suffered as a result and/or for the removal of the trustee from office under the Trustee Act 1925

• Investigating and advising about the ownership of property and the trusts which can arise as a matter of law (known as resulting trusts or constructive trusts) depending on such things as the contributions made to the purchase price or improvement works, or agreements or promises made since the property was purchased.

Our experienced Will, Estate and Trust Disputes team will guide you through the process of a trust dispute from start to finish, with a common sense approach tailored to your specific circumstances.