If you’re involved in a Trust dispute as a Beneficiary or a Trustee, our specialist Trust Disputes Solicitors can help you.
Trust disputes can happen for a number of different reasons and can have a serious impact on everyone involved, particularly if there are allegations of fraud, negligence or mismanagement of the Trust.
Whether you’re a Trustee or Beneficiary, we can help you resolve the dispute so you can start to move forward.
Get in touch today for a free initial case assessment and one of our Trust Disputes Solicitors will be happy to talk through your options with you.
Why Choose Simpson Millar?
- Expertise – We have more than 20 years’ experience in advising clients on Trust disputes, dealing with Trusts of different sizes and complexities, so you can be sure that you’re getting the very best legal advice
- Clear, Open and Straightforward – We’ll always talk to you in straightforward language, without legal jargon, and be up front with you about the legal costs involved
- Nationwide Service – Offices in Bristol, Cardiff, Lancaster, Leeds, Liverpool, London and Manchester
What is a Trust?
Trusts are used to manage assets such as money, investments, land and property. Beneficiaries are the people who benefit from the Trust and Trustees are the people who manage the Trust.
Trust disputes can happen for a variety of reasons and every situation will be different. For example, it might be that you’re getting less than you expected from the Trust, there’s an issue with the Trust documents or there are allegations of negligence by the Beneficiaries over the way the Trustees are managing it.
Whatever the reason for the Trust dispute, we can help you.
Beneficiaries are entitled to either the income or capital of a Trust, or both. You could be the only Beneficiary or there may be several.
If you’re a Beneficiary, we can help you with:
- Trustee Dispute – If you think the Trust is being mismanaged, there’s been a breach of the Trust, or another Trustee has ignored a Trust breach by a Co-Trustee
- Trust Documents Dispute – This could include an unclear or vague Trust document or if the Trust document doesn’t actually reflect the wishes of the person who set up the Trust (known as the Settlor)
- Issues around the Creation of the Trust – Including whether the Settlor lacked the Testamentary Capacity to set up the Trust, they were put under undue influence or the Trust is being used to hide assets
Trustees are the legal owners of a Trust. They have the responsibility of dealing with the Trust assets according to the Settlor’s wishes, and managing every aspect of the Trust such as paying tax and distributing assets.
In England and Wales there must be at least one Trustee appointed to manage the Trust but there can be more than one.
If you’re involved in a dispute as a Trustee, we can help you with:
- Challenges by Beneficiaries – If you’re getting difficult or unreasonable requests from them
- Issues with other Trustees – If you think another Trustee is guilty of negligence or fraud
What is the Trust Dispute Process?
- Investigation – We’ll start investigating the how and why the Trust was made and review any documents and bank accounts associated with it.
- Capacity – If we believe that the Settlor lacked Testamentary Capacity when making the Trust, we’ll access their medical reports, get statements from their GP and the people who knew them so we have a better understanding of their condition at the time.
- Witnesses – We’ll talk to the people who witnessed the Trust or the Will so we can understand the purpose of the Trust.
- Mediation – We’ll always try to solve any Trust Dispute through careful negotiation first to try to avoid the cost of going to Court. This can help you and the other parties resolve any issues, often in as little time as a day.
- Going to Court – If the Trust Dispute still can’t be resolved and it has to be settled in Court, we’ll be there to support and guide you throughout.
How Much Does it Cost to Dispute a Trust?
The cost of disputing a Trust will vary depending on the complexity and value of the Trust. It will also depend on whether or not an agreement can be reached with the other parties or if the case has to go to Court.
If a Trust dispute does need to go to Court, this will usually be more expensive than reaching an agreement through mediation.
Our Trust Disputes Solicitors will be honest and open with you about any costs. We understand that legal costs associated with Trust Disputes can be a worry, so we’ll work flexibly with you to find a funding option that suits you.
Get in touch with one of our team for a friendly, confidential chat.
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Simpson Millar Solicitors are a national law firm with over 500 staff and offices in Bristol, Cardiff, Lancaster, Leeds, Liverpool, London and Manchester.