At Brethertons, we understand just difficult it can be to be involved in a dispute concerning a Trust. Whether you are a settlor, beneficiary or trustee, it is crucial that family trust disputes are resolved as quickly as possible and with minimal disruption.
We have specialist expertise in dispute resolution and litigation. This provides our clients with the benefit of receiving bespoke advice that is tailored to the unique challenges that trust disputes can present. This includes where the issue is highly sensitive and has the potential to cause rifts between family members. Our team will be on hand to provide bespoke support that helps you to reach the best possible outcome, no matter what that may be.
Our trust dispute solicitors can provide advice and guidance on a wide range of matters, including what trust laws in the UK involve and how a trust should be correctly administered. Whether you are bringing a claim or challenging a trust dispute, our team will listen closely to your concerns and advise you on the most appropriate course of action.
Our experts can help with:
- Disputes over the contents of a Trust
- The administration of a Trust
- The conduct of a Trustee
Why choose Brethertons for support with Trust disputes?
- We are dispute resolution experts first and foremost.
- When handling trust disputes, we work closely with our Wills, Trusts, Capacity and Probate team to provide a comprehensive service. We have a deep pool of resources to fall back on which means that we are perfectly positioned to advise you on any trust dispute laws.
- We always tailor our advice to the circumstances of your case to make sure that we always reach the most suitable solution.
- Our trust dispute solicitors can support clients up and down the UK through videoconferencing, email and face-to-face meetings to offer a highly personalised service.
- We will be on hand to advise on the even the most contentious family trust disputes.
- Our team provide clear, straightforward and jargon-free advice that helps you to clearly understand what steps need to be taken to secure a positive outcome.
Our services for Trust disputes
Disputes over the contents of a Trust
For trusts to be considered valid, its terms must be clear and unambiguous. If it can be demonstrated that a trust is in anyway vague, unclear, or contains clear mistakes that would have a detrimental impact on any beneficiaries, it may be possible to launch a dispute on these grounds.
In these situations, our solicitors can carefully review the wording of a trust that has been set up to help determine whether it could be considered ambiguous and therefore open to being challenged in any way.
Our trust dispute solicitors can also assess whether the testator had sufficient knowledge or approval of the trust, or whether they were subject to undue influence when the trust was being created.
The administration of a Trust
Trusts must be correctly administered by the relevant trustees. This will usually involve looking after the assets which have been transferred to them by the settlor for the benefit of the beneficiaries. This will mean administering the trust in such a way as to support the beneficiaries.
If any mistakes are made regarding the administration of a trust, it may be possible to launch a dispute. Our solicitors can advise on these types of disputes, taking note of the way the trust should have been administered and identifying whether any mistakes have been made which need to be rectified.
The conduct of a Trustee
Trustees play a crucial role in the administration of a trust and have a legal responsibility to ensure that it is managed in accordance with the settlor’s wishes. A dispute could be launched if a beneficiary or fellow trustee believes that a trustee is not performing their role as instructed, or they are seeking to directly benefit from the trust.
As, in certain circumstances, trustees can be removed from their role, it is crucial that allegations of trustee misconduct are treated seriously and with the correct level of detail. Our trust dispute solicitors can review any allegations of trustee misconduct, intervening to provide an efficient resolution.
Inheritance Act FAQs
What is an example of a trusts dispute?
There are many difference examples of trust disputes. These include, but are not necessarily limited to:
- Disputes between trustees
- Disputes between trustees and beneficiaries
- Disputes regarding the conduct of trustees
- Disputes over the administration of the trust
- Disputes over the way a trust was constructed
- Disputes over the way a trust is being interpreted
Can a house in a trust be contested?
The contents of a trust, including any properties, could be contested if it can be demonstrated that the contents of the trust are unclear, the trust is not being correctly administered, or the conduct of a trustee can be questioned.
Trusts have the potential to be extremely complex, so it is important that, if there are any questions over its validity or the way it is being administered, that you instruct a specialist solicitor if you have any concerns or queries.
What happens when trustees disagree?
There may be a situation where trustees are not able to act unanimously when administering a trust. Where this is the case, it may be necessary to negotiate to find a resolution that is mutually agreeable.
If negotiation is not possible, or is unsuccessful, making an application to the court to intervene may be the only suitable method for finding a resolution. This is likely to be the final resort as finding an amicable agreement will usually be the most beneficial solution for all parties.
Is there a time limit for trust disputes?
There is a strict time limit in place for bringing a trust dispute. In most cases, the time limit is six years from an alleged breach of a trust, or six years from the discovery of a breach of a trust. That said, there may be certain exceptions to this time limit, including in case where fraud is involved, or actions need to be taken to recover trust property which was previously held by the trustees.
How long do trust disputes take to resolve?
The time it takes to resolve a trust dispute will vary and depend on a variety of factors. This includes how willing the parties are to come to a resolution and whether court proceedings are required. More contentious matters that involve court proceedings are likely to take longer to resolve.
Consult our Trust dispute solicitors in Banbury, Bicester and Rugby
To speak to our friendly and approachable Trust dispute solicitors today, don’t hesitate to get in touch.
We have offices in Banbury, Bicester and Rugby, working with clients across Coventry and Warwickshire, the West Midlands, Oxfordshire and nationwide.
