Trust Disputes

At Roythornes, we understand the vital role that trusts play in safeguarding assets for trustees and beneficiaries. With years of experience advising individual trustees and trust corporations, we take a comprehensive approach to trust disputes. We focus on understanding your unique circumstances and delivering bespoke, detail-oriented legal solutions that protect your interests.

We offer legal advice tailored to your circumstances to help you resolve a trust dispute, no matter whether you are a trustee or a beneficiary. It is particularly important to ensure that the terms of the trust are clear and adhered to, not only to honour the wants of the trust’s creator but to make the most of the financial opportunity it offers.

Roythornes are dedicated to providing swift, amicable resolutions. Our expert team prioritises resolving disputes through mediation, a cost-effective and collaborative approach that helps preserve relationships and avoid the stress of litigation, so you can concentrate your energy on what matters.

Our trust dispute solicitors can offer expert support for:

• Trustees – ensuring compliance with your duties and safeguarding the integrity of the trust
• Beneficiaries – protecting your rights and addressing concerns regarding trust administration
• Individuals challenging a trust, or the actions of a trustee

Get in touch with our trust dispute solicitors

Don’t wait to address your trust dispute. For bespoke help and advice, get in touch with our skilled and committed lawyers in Alconbury, Birmingham, Nottingham, Peterborough, or Spalding. Whether you’re based in the Midlands, elsewhere in the UK or internationally, our expert private wealth solicitors are here to protect your interests.

Our legal expertise in trust disputes

Help for trustees in trust disputes

As a trustee, you bear significant responsibility for managing the trust and distributing its assets.

If your position or actions are being challenged, our solicitors can help ensure you fulfil your legal obligations, protect the interests of the beneficiaries, and honour the intentions of the trust’s creator.

Help for trust beneficiaries in trust disputes

If you are a beneficiary of a trust, you may be worried that trustees are failing to administer the trust correctly or fairly. This could include withholding essential information, breaching the trust’s terms, or misusing assets. Our solicitors will establish the legal protection you need to protect your rights and secure your position.

Challenging a trust or trustee

If you have any concerns that a trust does not accurately reflect the wishes of the settlor (the person who created the trust), or a trustee is not acting in the best interests of a beneficiary, we can support you in taking the appropriate action.

Frequently asked questions about trust disputes

What is a trust dispute?

A trust dispute arises when there is disagreement over the validity of a trust, its administration, or the distribution of its assets. These disputes can involve trustees, beneficiaries, or third parties and often require legal intervention to resolve.

What types of trust disputes are there?

Trustee misconduct

If a trustee is believed to have breached a trust by failing to fulfil their duties, behaving with gross negligence, or acting fraudulently, then trustee misconduct can be cause for a dispute.

Trust fund value

Disputes over the valuation of trust assets often require a professional appraisal to determine their accurate worth.

Third party claims

It is possible that a third party may feel entitled to funds from the trust or claim to be a beneficiary. When done maliciously, this can threaten the intention of the trust and its financial worth.

Trust document interpretation

When the documentation surrounding the trust is unclear or has ambiguous language, its interpretation will vary depending on who reads it. If an agreement cannot be reached on how to read the document, then this can escalate into disputing a trust.

Trustee removal

This is most likely to happen due to a disagreement between two or more trustees about their responsibilities, or, when they cannot work together to complete their duties. In some cases, a trustee will be removed.

What are the duties and responsibilities of a trustee?

Trustees have a range of duties to fulfil in order to both manage the trust and protect its assets. They are expected to act in the best interest of the beneficiaries and owe a duty of loyalty and sensibility to the beneficiaries and must be cautious and proactive with their care of the estate.

Can you dispute a trust fund?

If you have reason to believe that the stipulations and rules around a trust are unfair, set up in bad faith, or are organised in a way that threatens or devalues the estate itself, then a sole beneficiary or all the beneficiaries in an agreement may dispute the trust.

If all current living beneficiaries are in agreement, then a trust can be dissolved through a dispute under certain conditions. However, this is not universally applicable and instead depends on the terms and legal structure of the trust.

How long can a trust dispute take?

Pursuing a disputed trust will take time, depending on the complexity of the case, the value of the estate, the number of parties involved and the cooperation of the parties involved.

Generally speaking, informal resolutions can take 3-9 months, while formal mediation can take 6 months to a year. Court litigation takes the longest, usually exceeding a year, due to complexity and case backlog.

Who pays legal fees in a trust dispute?

The person who has to pay the legal fees will depend on the final ruling. If the court believes that the trustee acted properly, the payment will be made from the trust.

However, if the court finds that the trustee's actions were negligent or improper, the payment will be a cost to themselves. It is critical to get early legal advice to protect yourself from substantial financial costs.  

What are the grounds for removing a trustee?

There are a range of reasons that a trustee may be removed from a trust, including but not limited to:

• Conflicts of interest with that of the trust
• Bias in favouring certain beneficiaries over others
• Breach of trust and failure to follow the terms of the document
• Absence and failure to fulfil duties
• Non-cooperation with other trustees
• Failure to act appropriately / poor decision-making
• Overcharging for their own services
• Incapacity, such as mental decline

Why choose Roythornes’ trust dispute solicitors?

At Roythornes, we recognise the importance of trust funds and the significant responsibilities placed on trustees. Our expert solicitors provide practical advice and skilled documentation management to safeguard your financial well-being and ensure the trust operates as intended.

We will work closely with you to secure the right outcome and ensure that the trust is correctly administered.

As experts in private wealth law, we are in the perfect position to support you. We are Lexcel accredited, a testament to our fantastic standards of service and client care, and we are also members of STEP (Society of Trust and Estate Practitioners).

Our private wealth team consists of highly trained experts who hold various prestigious accreditations, committee positions, and memberships. Gavin Faber is part of the Birmingham Law Society Private Client Committee, as well as being a Committee member of Birmingham STEP branch and full member of ACTAPS. Gavin is also a Leading Partner in the Legal 500 and holds a Band 1 ranking in Chambers. Leah Merrifield and Emily Parry are members of the Contentious Trusts Association (CONTRA), and Jak Ward is recognised by the Legal 500 as a Next Generation Partner in the East Midlands region for Contentious Trusts and Probate work.

Get in touch with our trust dispute solicitors

Don’t wait to address your trust dispute. For bespoke help and advice, get in touch with our skilled and committed lawyers in Alconbury, Birmingham, Nottingham, Peterborough, or Spalding. Whether you’re based in the Midlands, elsewhere in the UK or internationally, our expert private wealth solicitors are here to protect your interests.