Our specialist team of solicitors can help you resolve all types of trust dispute, whether you are a trustee or you are a beneficiary. Trusts is an increasingly complex area of law and can result in lengthy, expensive court proceedings if disputes are not handled properly. So if you have a problem, seeking the advice of a solicitor who specialises in trusts is the best option to take.
At Thornton Jones, we are highly skilled in dispute resolution and helping individuals find positive solutions to what are often contentious and emotionally charged issues.
Trust disputes often revolve around the way the trust is being managed by the trustees; their role is to put the wishes of the person who made the trust (the settlor) into effect which can be a huge responsibility with high expectations from the settlor’s loved ones, particularly if the settlor has died. Trust disputes also tend to involve high value assets which can also make these matters stressful for everyone involved.
We can help you work through the issues and will provide personalised advice about your options. We find that with the right approach and the professional assistance of a solicitor, most of our clients are able to find a resolution to the dispute without having to take legal action, saving times, costs and stress. However, our goal is always to find the solution that suits your needs, whether this is engaging the other party in calm, amicable negotiations or providing robust representation in court.
Our trust dispute expertise
We can assist with all types of trust dispute, including:
Disputes over trust administration
- Allegations of fraudulent or negligent breach of trust
- The trustees failing to administer the trust correctly
- The trustees transferring trust property to the wrong people
- The trustees selling trust property at an undervalue
- Trust fund investment disputes
- Other disputes involving losses caused by the trustees
- Breakdown of relationship between the trustees
- Applications to remove or replace trustees
Disputes about the trust itself
- The trust document is ambiguous, unclear or it contains errors
- The settlor did not have sufficient mental capacity to make a trust, for example, due to an illness such as Dementia or a brain injury
- The settlor was forced, coerced or pressured into making the trust (undue influence)
- The settlor received negligent advice when making the trust, for example, regarding tax or trust law (professional negligence)
- The trust document does not accurately reflect the settlor’s true wishes
- The trust is a sham designed to hide assets, for example, to prevent someone from receiving a share of their partner’s property during divorce proceedings
We act for both trustees and beneficiaries
We can provide expert advice to both trustees and beneficiaries of Will trusts and lifetime trusts.
If you are a trustee, we can:
- Represent you if you are facing a legal challenge from a beneficiary or another trustee
- Help you navigate disputes with other trustees
- Help you handle requests for information from beneficiaries
- Provide advice about taking legal action on behalf of the trust
If you are a beneficiary, we can:
- Provide advice if you are concerned that the trust is being mismanaged
- Help you take legal action against the trustees, including applications to remove and replace them
- Request information from the trustees
- Take steps to protect the trust property
We can also provide advice about other related disputes, taking care to set out all your options so that you can make an informed decision about how to proceed.