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Trust Disputes

Disputes Involving Property Trusts & Co-owned Property

As family arrangements become increasingly complex, particularly in later life, so are the ways we own and inherit properties. These complexities often lead to disputes, especially when family homes are involved.

Co-owned properties and properties held in trust are two common sources of disagreement. We may be able to help if:

  • You’ve inherited an interest in a property and disagree with the co-owner(s) about what to do with it
  • You expected to inherit an interest in a property but didn’t receive it
  • You disagree with the trustees or beneficiaries about how to use a property held in trust
  • You’re unable to occupy or receive income from a property you have an interest in
  • A property has fallen into disrepair and lost value
  • Your lifetime entitlement to occupy a jointly-owned property is under threat
  • You’ve incurred cost and expense to renovate or change a jointly-owned property.

Our Wills, Trusts & Estate Disputes solicitors are very experienced in these types of claim and will work hard to resolve them quickly and cost effectively. As part of one of the UK’s top-rated Private Client teams, we call on the expertise of a wide range of specialists, such as property and tax experts, to ensure the best possible outcome for you.

We’re based in offices around the country and also have extensive experience with international disputes, so wherever you or properties may be, we’re here to help.

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

Offices in 14 locations across the country
24/7 advice on our Will Disputes Helpline
One of the largest trusts disputes teams in the UK
Specialist mediators available to resolve disputes out of court

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Disputes Involving Property Trusts & Co-owned Property - More Information
    • How Long Will It Take?
    • Most claims take less than a year and don’t have to go to court. However, every case is different and time spans depend on the type of dispute and your individual situation.

      Some disputes can be resolved quickly and amicably in a matter of months, but others might take years to conclude and involve going to court several times.

      We’ll advise you at the start how long we think it will take. Whatever the situation, we always aim to resolve your dispute as quickly and efficiently as possible. We understand that this is a difficult time, and we’re here to help you through.

    • Will I Have To Go To Court?
    • Most disputes can be resolved by negotiation and discussion, without having to go to court. However, sometimes this isn’t possible and court is the only way.

      We understand that most people would prefer to keep their dispute out of court, and we will always do everything we can to try and reach an agreement by mediation. However, if your dispute does have to go to court, we will support you at every stage. We have the experience to handle court disputes efficiently and effectively, to achieve the best outcome for you.

    • How Long Do I Have To Make A Claim?
    • It depends on the type of claim you’re making, but the overriding principle is that you shouldn’t delay. In some cases there might be time limits from when the grant of representation is issued.

      Whatever your circumstances, it’s very important to seek legal advice as soon as possible, so you aren’t prevented from making a valid and potentially valuable claim. We’ll be able to advise you on your situation and how we can help.

    • How Much Does It Cost? Who Pays?
    • The cost of these types of dispute varies from case to case, depending on time, complexity, and whether or not you have to go to court.

      A dispute can be settled at any time if the parties can come to an agreement, and they can then decide how to split the costs between them. However, if an agreement can’t be reached and the case has to go to court, the court will decide how the costs will be paid.

    • How Can I Cover The Cost Of My Claim?
    • There are various ways you can cover the cost of your claim, depending on your case. These can include:

      • Legal Expenses Insurance
      • Conditional Fee Agreement (‘No Win No Fee’)
      • Payment on conclusion
      • Private monthly billing.

      We understand that funds and assets may be tied up in the disputed estate, and we’ll be as flexible as possible to ensure that’s not another worry on your mind. We’ll discuss the different payment options with you at the start.

    • Meet The Team
    • Our Wills, Trusts and Estate Disputes team is the largest in the UK and we have offices across the country. We are experienced in managing high-net-worth and ultra-high-net-worth claims as well as less complex ones.

      We’ve resolved some of the country’s most high-profile disputes and are particularly experienced with the unique challenges of multi-jurisdictional wealth management structures, rural property and inheritance tax.

      We are recommended by the leading legal guides and pride ourselves on the strong relationship we build with our clients in what is often a very trying time.

      Meet the team

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

Joy Williams, client

Frequently Asked Questions

What Kind Of Disputes Can Arise About Co-Owned Properties?

The most common form of property co-ownership is home ownership between partners or spouses. Disputes can arise if one of the partners dies and leaves their share in the property to someone else.

These situations are most fraught when involving partners and children from different relationships. Disputes might happen if:

  • The deceased’s children want to sell the property but the deceased’s partner or spouse wants to keep living there
  • The deceased promised their share in the property to their partner or spouse but this promise isn’t in a Will
  • The deceased failed to make sufficient financial provisions for their spouse in their Will, but the spouse can make a claim for a share of the estate through the Inheritance Act.

If you're dealing with a property dispute of this kind, we can help. Call today on 0345 604 4895 – or fill out our online contact form and we’ll call you back.

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What Kind Of Disputes Can Arise About Property Trusts?

Disputes can arise in a variety of situations when properties are put into a trust, such as if:

  • Only a share of the property is included in the settlement
  • A third party claims an interest in the property held in trust
  • The trustees and beneficiaries disagree over how to use the property
  • A beneficiary can’t occupy the property or receive the income it generates
  • The trustees makes unfair decisions about who can occupy the property
  • The property falls into disrepair and loses value.

Read more about how we can help with trust disputes.

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