Trust disputes can happen in many different situations, causing uncertainty for both trustees and beneficiaries. Our experienced team is here to help, guiding you through the process to resolve the problem quickly and protect your interests.
Common trust disputes include claims against trustees or claims against professional advisors. We will talk you through your options and advise on the right course of action for your specific circumstances.
The law governing trusts is primarily set out in the Trustee Act 2000. However, many trusts were established before this legislation came into force. This means earlier legal principles may still apply, depending on when your trust was created.
Trust disputes with trustees
Trustees have significant legal responsibilities and disputes commonly arise when these duties are not properly fulfilled. The most frequent types of claims against trustees include situations where they:
- Act beyond their legal powers (Ultra Vires) – going beyond what the trust deed or Trustee Act permits them to do
- Fail to act when required – neglecting their duties or failing to make necessary decisions
- Make poor investment decisions – not acting as a "prudent person of business" would when managing trust investments
- Misappropriate trust funds – taking money from the trust for their own use
The Court can remove trustees and appoint others. The court can also order that trustees repay any losses to the trust from their own pocket.
Trust disputes with professional advisors
Trustees often rely on professional investment advisors, fund managers and other specialists to help manage trust assets. A claim may exist against a professional advisor where they have acted:
- In breach of contract
- Negligently
- In breach of statutory duty
How we can help
Whatever your situation, it's important to act swiftly in the event of a trust dispute as these can be subject to strict time limits.
Our experienced team advises both trustees and beneficiaries, whether you're facing a claim or have concerns about the way a trust is being managed.
As members of the Society of Trusts and Estates Practitioners (STEP), we’re specialists in all aspects of setting up and administering trusts, keeping at the forefront of best practice.
Find out more
If you’re involved in a trust dispute, contact us for a confidential chat to find out how we can help. Call us on 01392 207761 or email willdisputes@tozers.co.uk.