Settling Trust Disputes
Many people use a Trust in order to protect or control the distribution of their assets during their lifetime/death or seek to reduce the effect of tax on their estate when they die.
It is not uncommon for people to endeavour to create a Trust of their assets or share in a property before they die under at Trust Deed, or create a trust of all or some of their assets under their Will.
Many hold properties on Trust in shares and when a property is transferred or sold those shares should be distributed in accordance with the terms of the Trust Agreement.
However, things can and do go wrong and the following examples are some of the difficulties;
- The Trustees appointed by the Trust Deed or the Will fail to do what is required of them. Trustees have a number of duties and responsibilities. It is not unknown for Trustees to fail to do what is required, breach the Trust for their own ends or others, or may have been negligent in the operation of the Trust. Individual Trustees must not ignore the breach of the Trust by the co-Trustee or neglect their duties;
- The Beneficiaries may wish to remove one or more of the Trustees;
- Disputes may arise between the Trustees themselves;
- What appears to be a valid Trust may not be. A Trust Deed may be a sham and a bogus attempt to hide or protect assets from creditors;
- The person setting up the Trust may not have had the requisite legal capacity to create the Trust or may have been coerced into doing so;
- Trusts may, from time to time, need to be changed as the intentions of the person creating the Trust may have changed or the purpose of the Trust altered in some way;
- Trustees may need to secure authority from Beneficiaries or the Court if a dispute or difficulties arise;
- There may be a problem with the operation of the Trust and disputes may arise over the interpretation of the Trust documentation.
Get in touch
If you require assistance in relation to any issues relating to the property or the assets of a Trust, our Trust solicitors can help.
- Request a free call back using the form on this page
- Phone us during office hours on 0333 888 4040
- Email us at firstname.lastname@example.org.
Who can help you?
What We Do...
Tony Pearce is our resident trust solicitor with over 15 years’ experience assisting Clients to resolve Trust and Probate Disputes.
Tony is a member of The Association of Trust and Probate Specialists (ACTAPS) and he is a Founding Editor of the Contentious Probate Section of The National Will Register.
He also contributes articles to a leading private client training organisation on issues surrounding disputes over estate administration, Trust disputes and dispute resolution matters.