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Dispute Resolution
Contentious trusts
Our specialist contentious trusts solicitors are here to help trustees, beneficiaries and families resolve disputes fairly and effectively.
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Expert contentious trusts solicitors
What is a contentious trust dispute?
A contentious trust dispute is any disagreement about how a trust is created, managed, or administered, including who benefits from it and how. It includes, but isn’t limited to, challenging the validity of a trust, and often arises alongside broader estate or family wealth disputes.
Navigating complex trust structures and the risk of disputes
Trusts are sometimes extremely complex, for example, where there are multiple beneficiaries, overseas assets, family businesses held in trust, or several trustees with different views. Added to that, trust disputes often unfold within families who are already under strain, which can make an already difficult situation harder still.
"Critical perspective on commercial inter-family issues being mindful of the niceties of how disputes can affect human issues." Legal 500
Supporting you through trust disputes
We understand how sensitive these situations can be, and we aim to guide you through with as little stress as possible. Whether you are a trustee, beneficiary, or someone who believes they should benefit from a trust, we support you in bringing or defending claims.
Our team includes members of the Association of Contentious Trusts and Probate Specialists (ACTAPS) and the Society of Trust and Estate Practitioners (STEP).
Trust disputes without clear documentation
We can help with a range of issues where a trust’s terms, formation, or intentions are unclear, including:
- disputes over whether a trust was validly created
- allegations that a settlor lacked capacity, or was subject to undue influence, when the trust was set up
- disagreements over who should act as trustee where none is named or willing
- disputes arising from informal or unwritten arrangements that were meant to create a trust
Contentious trusts covers many different types of disputes
- breach of trust claims — where a trustee has allegedly failed in their duties, through negligence, unauthorised investment decisions, conflicts of interest, or misuse of trust assets
- trustee removal and replacement — applications to remove or replace trustees who have lost the confidence of beneficiaries or acted improperly
- validity challenges — disputes over whether a trust was properly created, including claims of undue influence or lack of capacity
- beneficiary disputes — disagreements between beneficiaries, or between beneficiaries and trustees, over entitlements or distributions
- trust interpretation and rectification — applications to the court to clarify ambiguous terms or correct drafting errors
- trustee duties and indemnities — advice for trustees on their obligations, and applications for directions where trustees face high-risk decisions
- cross-border and offshore trust disputes — trusts with international elements or offshore structures
- court applications — for example, to produce documentation or recover assets wrongly transferred
- protecting the interests of vulnerable beneficiaries unable to manage their own affairs
- professional negligence claims against those who drafted or administered a trust
Legal and financial advice under one roof
Tees is a top-tier Legal 500 firm offering joined-up legal and financial services. We have our own independent financial advisers (IFAs), who work closely with our lawyers.
Our advisers provide holistic financial planning and as we are not connected to any one provider, we can offer a whole-of-market approach for the range of products we can advise on. We can also give independent advice for a whole range of insurance products to protect you and your family. Our IFAs are regulated and authorised by the Financial Conduct Authority, which means we’re accountable for the advice we give.
Get in touch today, we’re here to help
If you’re facing a trust dispute as a trustee, beneficiary, or someone who believes they should benefit from a trust, our contentious trusts team can help you understand your options and guide you through the process.
We have offices across Cambridgeshire, Essex and Hertfordshire, but we can help you wherever you are in England and Wales.
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Contentious trusts FAQs
Who can challenge a trust?
Generally, this includes existing beneficiaries, people who believe they should have been named as beneficiaries, trustees themselves seeking directions from the court, and in some cases creditors of a beneficiary.
Can I challenge a trust before it takes effect?
Trusts can sometimes be challenged while the settlor is still alive, particularly where there are concerns about capacity or undue influence at the point the trust was created.
Is there a time limit for bringing a trust dispute?
It depends on the type of claim. Some claims, such as those involving fraud, may have no fixed limitation period, while others are subject to strict time limits. This is a complex area, and it’s important to get advice as early as possible.
Frequently asked questions
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