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Later Life Planning

Trust Disputes in Later Life

Trust disputes can happen in many different situations. We are here to help you.

The law related to trusts is now ruled by the provisions detailed in the Trustee Act 2000. However, many trusts were created before this legislation was introduced, so the earlier rules governing trusts will still apply to those trusts.


Claims against trustees

The most common types of claims against trustees include situations where trustees:

  • act beyond the powers conferred on them by the trust (or by the Trustees Act) – this is known as Ultra Vires
  • fail to act at all
  • fail to act as the “prudent man of business” would have done in relation to investments
  • take money from the trust for themselves

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.


Claims against trustees’ professional advisors

Trustees often instruct professional investment advisors in relation to trust funds. Sometimes things go wrong. A claim may exist against an professional advisor where they have acted:

  • in breach of contract
  • negligently or
  • in breach of a statutory duty

It is crucial that if you’re in this situation, you act as quickly as possible as time limits can apply. Our team has the expertise you need, whether you’re a trustee or beneficiary.

For a free no obligation chat about your concerns, contact us 01392 207 761 or email

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