Trust Disputes | Irwin Mitchell

Trust Disputes

Our expert Wills and Probate solicitors have a vast amount of collective experience in handling complex trust disputes. These types of cases are increasing in number. As family arrangements become more complex, trustees and beneficiaries are frequently being drawn into disputes which lead to court proceedings.

These disputes can often be hostile and need to handled by skilled professionals. Our team are experts and are members of the Association of Contentious Trust and Probate specialists (ACTAPS) and hold the STEP (Society of Trust and Estate Practitioners) 'Advanced Certificate in Trust Disputes', so you can be sure that you are dealing with a real expert when handling your trust dispute.

Claims Involving A Trust - How We Can Help

We can handle trust disputes involving corporate trustees, individuals and protectors. We are able to resolve disputes through mediation but if required, we will fight or defend a claim at trial.

Examples of cases that our team members have handled are:

  • Trust dispute between three family member trustees involving a step mother and minor grandchildren. The case involved allegations of breach of trust for misappropriation of trust funds and an ability to manage day to day trust matters because of the dispute. The claim was settled during the litigation by agreement with a clean break result and new trusts put in place for the minors, with court approval for the settlement.
  • Representing trustees or an application to court for an amendment to an employee benefit trust deed in the context of a £300m corporate transaction, where the trustee was the major shareholder of the employer.
  • Representing the settlor in a claim which involved the setting aside of a declaration of trust to the value of £50m which was represented by property, land and a family business. The settlor maintained that he did not intend to transfer his assets to his children and lose control of those assets. An application to court was made to set the document aside on the basis of a mistake. A compromise was reached between the parties and the agreement was approved by the court.
  • Representing a trustee and a major beneficiary in a claim brought by fellow trustees to remove her and bringing court proceedings for breach of fiduciary, including issues of unauthorised voting. The claim settled by agreement after two days of mediation.
  • Defending a trustee in respect of a claim brought by a beneficiary for fraudulent breach of trust and coercion involving a multi-million pound trust fund. The claim was dismissed at trial and was successfully defended.

In this video, one of our expert solicitors, Paula James, talks about trust disputes and how we can help you.

Our Experience And Expertise In Trust Disputes

If you are wishing to contest a trust, or you are defending a trust that is being disputed, our team of expert solicitors can help.

We’re a national law firm with offices across the country, so we can help you wherever you are. Our helpline is also available 24/7 should you wish to speak to one of our experts directly.

We have a team of dedicated, experienced solicitors who specialise in handling disputes about Wills, including claims against executors or trustees. We can give you advice about your case and the next steps we need to take to make sure that you get a satisfactory outcome.

Call Us Today For An Initial Discussion With No Obligation

If you contact us, we will listen to your side of the story and give you some initial advice about your options. For an initial discussion, with no obligation, please call us on 0345 604 4895 or contact us online.