Trust Disputes

Our specialist lawyers can help you resolve trust disputes whether you’re a beneficiary or a trustee. We have extensive experience with many different trusts of varying complexity and value.

Trust disputes can arise for a variety of reasons and can have serious consequences for the trust and its beneficiaries. Negligent or fraudulent trustees can do lasting harm to a trust and its assets.

We can help if:

A trustee commits a negligent or fraudulent breach of trust
A trustee ignores a breach of trust by a co-trustee
A trustee neglects their duty to administer the trust efficiently
The trust document (that lays out the terms of the trust) is vague, unclear, or contains mistakes
The person who set up the trust (known as the settlor) lacked mental capacity to do so or was unduly influenced into it
The settlor received negligent legal or tax advice when creating the trust
The trust documents don’t accurately reflect the settlor’s wishes
The trust prevents creditors or financial dependents from claiming assets from an estate
The trust is a sham to try and disguise real legal ownership of the assets.

For Trustees

In many instances, we represent trustees who are facing challenges by beneficiaries or difficult requests for information from beneficiaries.

For Beneficiaries

If you think that a trust is being mismanaged or that you are receiving less than expected from a trust or estate or if there are issues of disclosure of trust documents, we can help ensure assets are protected and distributed correctly.

As one of the largest Will, Trust & Estate Disputes teams in the country, we have the resources and experience to deal with trusts of any size. We also have extensive experience with international assets and wealth management structures.

Call us today on 0345 604 4895 or fill out our online form and we’ll call you back.

Leading team of experienced and knowledgeable lawyers

National coverage throughout the UK

Variety of funding options available

International expertise

0370 1500 100

Or we can call you back at a time of your choice

Phone lines are open 24/7, 365 days a year

Freephone

0370 1500 100

Prefer not to call?

Use our form

Your name*

Your email*

Your phone number*

How can we help?*

This data will only be used by Irwin Mitchell for processing your query and for no other purpose.

Paula Myers Partner Meet The Team

Trust Disputes - More Information

My legal team has held my hand throughout, they have been incredibly patient and understanding"

Joy Williams, client

Frequently Asked Questions

Does It Matter If The Trust Has A ‘No Contest’ Clause?

A “no contest” or “forfeiture” clause in a trust means that you forfeit your interest in the trust if you legally challenge the trust and lose.

You do not forfeit anything if your challenge is successful.

A no contest clause is only valid if it’s written clearly and you can understand exactly how you can lose your interest. The clause must also cohere with public policy and the jurisdiction of the court.

If you have been affected by a no contest clause, our lawyers may be able to prove that it doesn’t meet these criteria and that it is invalid. This could help you keep your interest in the trust even if you’ve challenged it unsuccessfully.

If you would like to challenge a trust but are worried about a no contest clause, call us today on 0345 604 4895 to find out how we can help.

What Are The Grounds For Contesting A Trust?

You may be able to contest a trust if:

It’s a ‘sham trust’ that is intentionally deceptive and doesn’t reflect the settlor’s or trustees’ true intentions
The settlor, rather than the beneficiaries, is the true beneficial owner of trust assets
The trust was established to protect assets from creditors, a divorced spouse, or claims under the Inheritance Act
The settlor did not have the required mental capacity to create the trust
The settlor was unduly influenced into creating the trust.

If you suspect that you’re affected by an invalid trust, we may be able to help you make a challenge. Contact us online for more information.

Awards & Accreditations

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK.