Disputes Involving Property Trusts & Co-owned Property

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.

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.

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.

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.

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.

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.